Robert L. Frye has filed a civil action complaint against Norfolk Southern Railway Company, alleging negligence under the Federal Employers’ Liability Act (FELA). The complaint was filed on May 13, 2024, in the United States District Court for the Western District of Pennsylvania.
According to the court documents, Robert L. Frye, a resident of Portage, Pennsylvania, and an employee of Norfolk Southern Railway Company (NS), claims that he sustained injuries due to unsafe working conditions at NS's Juniata Locomotive Shop in Altoona, Pennsylvania. On June 10, 2021, while working as a second shift machinist under the supervision of Machinist Gang Leader Brian Feathers, Frye's boot heel became caught in a crack or hole between the railroad track and concrete floor near track number 27. This incident caused him to twist his right knee.
The complaint details that Mr. Feathers witnessed the incident and was informed by Frye about his injury immediately after it occurred. The area where Frye was injured reportedly had numerous cracks or holes between the tracks and concrete floor. NS had prior notice of these hazardous walking conditions due to previous injuries, safety complaints, and other claims but had only attempted temporary repairs using foam and sealants.
Frye asserts that NS failed to provide a reasonably safe workplace as required under FELA. The Act mandates railroads to ensure safe working conditions for their employees engaged in interstate commerce activities. According to Frye’s legal team, NS neglected its duty by not adequately maintaining safe walking conditions and failing to warn employees about known dangers.
As a result of these alleged failures by NS, Frye suffered serious injuries which may be permanent. He has experienced physical pain, psychological distress, incurred substantial medical expenses, lost earnings from his employment due to missed time at work, and diminished earning capacity. The plaintiff also claims he is unable to perform many personal affairs typical for someone of his age and position in life.
Frye is seeking judgment against Norfolk Southern Railway Company for an amount exceeding $75,000 along with post-judgment interest and costs associated with this proceeding. Additionally, he requests any further relief deemed appropriate by the court under the circumstances of this case.
The attorneys representing Robert L. Frye are Claude W. Anderson Jr., and David S. Schnitzer from The Moody Law Firm based in Portsmouth, Virginia. The case has been assigned Civil Action No.: 2:24-CV-705 and will be presided over by Judge Arthur J. Schwab.