Amtrak is sued after attendant trips and falls

Michelle Massey Sep. 27, 2010, 9:27am


An Amtrak attendant is suing her employer for failing to keep obstacles out of the walkway causing her to trip and fall.

Claiming her employer is liable under the Federal Employer's Liability Act, Gail Z. Herbert filed suit against National Railroad Passenger Corp. on Sept. 13 in federal court in New Orleans.

The incident occurred on Aug. 6, 2008, as Herbert was working as an Amtrak service attendant and was attempting to carry luggage into a sleeper car. She states she was injured when she tripped over an obstruction in the walkway and fell injuring her left wrist and hand.

The defendant is accused of negligence for failing to provide a safe place to work, failing to warn Herbert of the hazardous conditions in her path, failing to provide a reasonably safe path/walkway, permitting a dangerous condition to exist on its properties and failing to exercise due care and caution.

Herbert is seeking damages for physical pain and suffering, mental pain and suffering, permanent disability, loss of enjoyment of life, lost wages, medical expenses, interest and court costs.

Herbert is represented by Carisa German-Oden, Joseph M. Miller and Benjamin S. Saunders of Davis Saunders in Mandeville. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:10cv03048

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