Railroad conductor sues after tripping over cord

Michelle Keahey Aug. 3, 2012, 4:25am


NEW ORLEANS - A railroad conductor is suing New Orleans Public Belt Railroad Co. for not warning that he could trip over a cord and fall down several steps in the locomotive.

Daniel P. Babin filed suit against The New Orleans Public Belt Railroad Commission, d/b/a New Orleans Public Belt Railroad Co. on July 17 in federal court in New Orleans.

The incident occurred on May 5, 2012 as the NOPB ordered Babin, a railroad conductor, to board a locomotive engine for a return trip back to Huey P. Long Bridge and into NOPB's railroad yard. As Babin boarded the engine, he tripped over a radio cord/wire lying on the engine cab floor. He fell down several steps into the bottom well in the nose of the engine and was knocked unconscious.

The defendant is accused of violating the Federal Employers' Liability Act and violations of the Locomotive Inspection Act by failing to provide a reasonably safe place to work, failing to provide safe working conditions and proper equipment, failing to warn Babin of unsafe work conditions, and for failing to provide Babin with sufficient and proper assistance.

The plaintiff is asking for an award of physical pain and suffering, mental pain and suffering, disability, loss of enjoyment of life, lost wages, loss of earning capacity, medical expenses, interest, and court costs.

Babin is represented by Joseph M. Miller, Benjamin B. Saunders, and Carisa German-Oden of Davis, Saunders & Miller Law Firm in Mandeville and Sara Youngdahl of Youngdahl & Citti P.C. in Houston. A jury trial is requested.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:12-cv-01868

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