PHILADELPHIA – A Delaware man alleges an overloaded toolbox assigned to him at his job caused injuries to his shoulder.
Scott Gilbert filed a complaint on Feb. 14 in the U.S. District Court for the Eastern District of Pennsylvania against National Railroad Passenger Corp. (Amtrak) citing the Federal Employers Liability Act.
According to the complaint, the plaintiff was employed by the defendant as a car repairman and mechanic. He alleges that on Jan. 4, 2017, he sustained serious physical injuries as the when the toolbox he was using dropped downward, yanking and pulling his right arm. He alleges he sustained a partial rotator cuff tear, post-traumatic impingement syndrome and other injuries that required surgical repair.
The plaintiff holds National Railroad Passenger Corp. responsible because the defendant allegedly allowed the plaintiff to utilize an overloaded toolbox to perform his duties at work.
The plaintiff seeks judgment against the defendant in an amount of more than $150,000. He is represented by Robert E. Myers and Lawrence A. Katz of Coffey Kaye Myers & Olley in Bala Cynwyd.
U.S. District Court for the Eastern District of Pennsylvania case number 2:18-cv-00671-NIQA