Railroad worker sues for $2 million after twisting knee

Michelle Keahey Jan. 20, 2012, 3:34am


NEW ORLEANS - A railroad worker has filed a $2 million lawsuit against his employer for negligence after he slipped on a greasy metal cross-tie and twisted his knee.

Craig S. Mutrie filed suit against Public Belt Railroad Commission of the City of New Orleans d/b/a New Orleans Public Belt Railroad on Jan. 5 in federal court in New Orleans.

The alleged incident occurred on Jan. 31, 2011 while Mutrie was performing switching duties at Nashville Avenue location. Mutrie states that he stepped over the rail and onto an unsafe/defective metal cross-tie and slipped. He twisted his left knee in the process.

The defendant is accused of negligence, carelessness and recklessness in failing to inspect and maintain the walkways and metal cross-ties, failing to keep the walkways and cross-ties free of unsafe and hazardous substances, for allowing locomotive equipment to leak oil and diesel on the cross-ties and for failing to clean, block off and/or warn that there was slippery substances on the tops of its metal cross-ties.

Mutrie is asking the court for an award of damages for physical pain and suffering, loss of enjoyment of life, permanent impairment, lost wages, lost earning capacity and benefits, medical expenses, interest and court costs.

The plaintiff is represented by Blake G. Arata Jr., C. Perrin Rome III, and W. Chad Stelly III of Rome, Arata, Baxley & Stelly in New Orleans. A jury trial is requested.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:12-cv-00033

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