Railroad conductor sues after becoming injured while jumping from railcar

Michelle Keahey Jun. 10, 2011, 5:34am


A railroad conductor has filed a lawsuit against his employer after he was injured when he jumped from a moving railcar.

Mark H. Solice filed suit against CSX Transportation Inc. on May 31 in federal court in New Orleans.

The incident occurred on Sept. 21, 2010 as Solice was working on the last rail car in a train of rail cars that would be pulled out of the Buzzi Unicem industry and back toward the CSXT mainline railroad tracks.

Solice states that he released the handbrake on the last rail car and proceeded to ride the last rail car out of the industry. According to his complaint, a handbrake mechanism and rigging dropped beneath the train and onto the railroad track causing the rail car to derail.

He claims he was scared that the car would fall on top of him, so he jumped from the rail car and sustained injuries to his low back and lower extremities as he struck the ground.

The defendant is accused of negligence for failing to provide a reasonably safe place to work, failing to provide safe working conditions and proper equipment, failing to warn of unsafe workplace conditions and for the malfunction of the defective handbrake on the rail car.

The plaintiff is seeking damages for physical pain and suffering, permanent disability, loss of enjoyment of life, lost wages and fringe benefits, medical expenses, interest and court costs.

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

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:11-cv-01288

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