Ex-locomotive engineer's lawsuit says Union Railroad violated FELA, Federal Locomotive Inspection Act

By Nicholas Malfitano | Jan 19, 2018

PITTSBURGH – A former locomotive engineer for Union Railroad Company alleges the company violated federal laws by providing him with both an unsafe work environment and locomotive with which to work, resulting in him suffering multiple injuries.

Jeffrey J. Kalfas of South Park filed suit on Jan. 12 in the Allegheny County Court of Common Pleas, versus Union Railroad Company, LLC, of Pittsburgh.

“On Feb. 14, 2015, plaintiff was assigned to work as a locomotive engineer at the Edgar Thompson Plant in Braddock, Pennsylvania. As he boarded the rear of the locomotive, he stepped inside and his feet became entangled with a broom that was left laying on the floor of the locomotive, which caused him to fall, hitting the adjacent seat on the locomotive and then falling onto his right side. As a consequence, plaintiff was caused to sustain injuries to his right arm/elbow, right shoulder and neck,” the lawsuit says.

“The subject accident occurred due to the defendant and/or its officers, agents, and/or employees failing to provide plaintiff with a reasonably safe workplace; it assigned for use an unsafe locomotive with a tripping hazard; it assigned for use a locomotive that was not properly inspected and/or maintained; and it failed to promulgate or enforce policies and procedures to keep the locomotive free from dangers that posed an unnecessary risk of personal injury; and was otherwise careless, negligent and reckless, all in violation of the Federal Employers’ Liability Act,” the suit adds.

The plaintiff adds the defendants violated the Federal Locomotive Inspection Act by “providing a locomotive that posed an unnecessary risk of personal injury and that was not in compliance with the rules and regulations [of federal law].”

For violation of the Federal Employers Liability Act and Federal Locomotive Inspection Act, the plaintiff is seeking damages in excess of the Court’s jurisdictional minimum, plus interest, costs and such other and further relief as the Court may deem just and proper, in addition to a trial by jury.

The plaintiff is represented by Mark F. McKenna of McKenna & Associates, in Pittsburgh.

Allegheny County Court of Common Pleas case GD-18-000475

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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