A railway company is being sued after one of their employees allegedly caused a car accident during the course and scope of his employment.

Santos Ruben Garcia Corea filed suit against Norfolk Southern Railway Co., Randall J. Morrison and Old Republic Insurance Co. in the Orleans Parish District Court on July 1.

Corea claims that Randall J. Morrison, an employee of the Norfolk Southern Railway Co., allegedly failed to stop at a stop sign and struck the passenger side of Corea’s vehicle, causing damage and injury. The lawsuit states that because Morrison was acting as an agent of the Norfolk Southern Railway Co., the company is also liable for the damages.

The plaintiff alleges on Aug. 18, 2014, Randall J. Morrison was traveling northbound on the Louisa Street exit of Interstate 10 West and struck the passenger side of Corea’s 2002 Chrysler PT Cruiser as it was traveling east on Old Gentilly Road in New Orleans.

The plaintiff alleges Old Republic Insurance Co. was provided with proof of loss for both damage to the plaintiff’s property and person but that Old Republic has systematically refused to initiate a payment on the claim.

The defendant is accused of allowing its employee to be untrained, unskilled, careless and reckless while furthering the business of Norfolk Southern. The defendant is also accused of failing to instruct Morrison in the operation of a motor vehicle and generally failing to exercise due care under the circumstances.

An unspecified amount in damages is sought for all past, present and future medical expenses related to physical pain and suffering, mental anguish, emotional distress, past and future lost wages, permanent partial disability and loss of enjoyment of life as well as property damage and loss of use incurred during the collision.

Santos Ruben Garcia Corea is represented by Jeffrey S. Berkowitz.

Orleans Parish District Court case number 2015-06313.

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