Michelle Keahey Aug. 29, 2013, 12:17pm

NEW ORLEANS - A trainman has filed a lawsuit against his employer claiming he injured his back when he stepped in a hole.

Michael Richardson filed suit against BNSF Railway Co. on Aug. 13 in federal court in New Orleans.

The incident occurred on July 9, 2013 while Richardson was employed by BNSF in its transportation department as a trainman and was assigned to work in Avondale. Richardson states he was walking in the track-side area performing his trainman duties when he stepped in a hole and injured his back.

The defendant is accused of negligence for failing to provide a reasonably safe place to work, failing to provide a reasonably safe walking area, failing to provide reasonably safe footing conditions, failing to properly inspect, maintain, and repair, failing to follow and enforce proper safety procedures and rules, failing to warn, and for failing to follow industry standards.

The plaintiff is seeking an award of damages for physical pain, suffering, mental anguish, lost earning and benefits, physical impairment, medical expenses, disfigurement, interest, and court costs.

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

U.S. District Judge Stanwood R. Duval Jr. is assigned to the case.

Case No. 2:13-cv-05415

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