Trackman sues Union Pacific over unsafe working conditions

Michelle Massey Apr. 12, 2010, 3:10am

A former Union Pacific Railroad worker has filed suit against the company, claiming he injured his lower extremities due to his job as a trackman.

Melkile Favorite Sr. claims his job required him to walk on large, uneven ballast and around railroad cars and tracks in various rail yards.

Favorite believes the ongoing exposure to "unsafe walking conditions" caused cumulative trauma to his lower extremities, according to the lawsuit filed April 1 in New Orleans federal court.

The plaintiff states that over the past three years he discovered that he suffered from "potentially disabling occupationally related cumulative trauma disorders to his lower extremities."

He claims Union Pacific was negligent because it failed to take action to reduce the amount of cumulative trauma to the lower extremities to which he was exposed, failed to furnish him with safe equipment, failed to provide safe equipment and failed to warn him of the risk factors for development of this type of disorder.

Favorite claims Union Pacific failed to comply with applicable government regulations by not providing a reasonably safe place in which to work.

In addition, he claims Union Pacific failed to use safe working practices by requiring him to work in understaffed crews, causing him to perform more work with less manpower and equipment.

His injuries have caused him pain, suffering, inconvenience, irritation, annoyance, impaired movement, loss of earnings and earning capacity, and the loss of the ability to enjoy the various pleasures of life, the suit claims.

New Orleans attorneys Blake G. Arata Jr., C. Perrin Rome III and W. Chad Stelly of Rome, Arata, Baxley & Stelly L.L.C. are representing the plaintiffs.

U.S. District Judge Martin L.C. Feldman is assigned to the case.

Case No 2:10cv01025

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