Train conductor sues after brakes fail to work properly

By Michelle Keahey | Apr 19, 2013

NEW ORLEANS - A conductor has filed a lawsuit against his employer claiming he suffered severe back injuries when his locomotive slammed into other rail cars when the train’s brakes failed to work properly.

Anthony N. Thompson filed suit against The Alabama Great Southern Railroad Co. on April 16 in federal court in New Orleans.

The alleged incident occurred on May 25, 2011 as Thompson was engaged in switching and coupling rail cars loaded with calcium in the defendant’s yard located in Hattiesburg, Miss. According to the lawsuit, a locomotive engine abruptly slammed into another cut of rail cars due to the failure of the locomotive brakes to operate properly on the locomotive engine on which Thompson was working. Thompson crashed into the inside wall of the cab and allegedly suffered severe spine, back and shoulder injuries.

The defendant is accused of negligence for failing to provide Thompson with a safe place to work, failing to provide safe working conditions and properly located equipment where Thompson was performing his duties in the manner required by the defendant, failing to provide proper assistance to Thompson to perform his duties, failing to exercise due care and caution commensurate with the surrounding circumstances, and in that the locomotive was not in proper condition and was not safe to operate without unnecessary danger of personal injury.

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

Thompson is represented by Carisa German Oden, Joseph M. Miller, and Benjamin B. Saunders of Davis Saunders Law Firm in Mandeville. A jury trial is requested.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:13-cv-00921

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