PHILADELPHIA — An Amtrak employee who was assaulted by a fellow employee during a staff meeting is claiming the company's negligence.
Scott Fleming filed a complaint July 26 in the U.S. District Court for the Eastern District of Pennsylvania against National Railroad Passenger Corporation (Amtrak) alleging negligence and other claims.
According to his complaint, Fleming was working as a car repairman for Amtrak on Oct. 7, 2021, and was attending a meeting of the Trak 29 work gang in Bear, Delaware. He claims that he was required to attend the meeting and that during the meeting, the foreman grabbed him around the torso, lifted him up in the air and caused him to suffer injuries to his spine including aggravation of a thoracic scoliosis dysfunction. Fleming alleges that prior his being grabbed, the foreman threatened that he was about to physically grab him and that other supervisors were present at the time. He claims Amtrak's supervisors and employees failed to interject and prevent the physical altercation, failed to restrain the foreman and failed to follow the Amtrak Code of Conduct. Fleming also claims the defendant failed to warn that he was about to be grabbed and picked up by the foreman.
Fleming seeks monetary relief of more than $150,000, trial by jury and all other just relief. He is represented by Michael Olley and Lawrence Katz in Bala Cynwyd.
U.S. District Court for the Eastern District of Pennsylvania