Miller
A train conductor is suing his employer after an assailant entered the train, killed the engineer and robbed him.
Michael T. Brand filed suit against CSX Transportation Inc. & The Alabama Great Southern Railroad Co. on March 25 in federal court in New Orleans.
The incident occurred on June 20, 2010 while Brand was employed by CSX's Transportation Department as a railroad conductor.
He states the train was stopped for approximately 30 minutes when an unidentified male climbed aboard the train and began firing gun shots. Brand states he dove to the floor and lay motionless. Believing Brand to be dead, the assailant searched Brand's pockets and removed his wallet. The assailant then exited the cab of the locomotive engine, the suit claims.
Brand lay motionless for a few more minutes and then called for help. While waiting for emergency responders, Brand discovered that the train's engineer had been killed in the break-in and attack.
The defendant is accused of failing to provide Brand with a reasonably safe place to work in violation of the Federal Employer's Liability Act.
The plaintiff is seeking damages for severe, permanent and disabling emotional and psychological injury, mental pain and suffering, permanent disability, loss of enjoyment of life, lost wages and fringe benefits, medical expenses, interest and court costs.
Brand is represented by Joseph M. Miller, Benjamin B. Saunders and Carisa German-Oden of Davis Saunders PC in Mandeville. A jury trial is requested.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:11-cv-00667