NEW ORLEANS – A switchman/conductor residing in Orleans Parish alleges he was struck by a locomotive while on the job.
Brian O'Malley filed a complaint on May 9 in the U.S. District Court for the Eastern District of Louisiana against Public Belt Railroad Commission for the city of New Orleans alleging that the political subdivision violated the federal railroad safety regulations.
According to the complaint, the plaintiff alleges that on March 19, he was in the course of his employment with defendant when he was struck by the Job 102 locomotive. He alleges he did not receive any warning that the locomotive was moving on the track. The plaintiff alleges he suffered severe and debilitating injuries resulting in pain and suffering, lost wages, mental pain and medical expenses.
The plaintiff holds Public Belt Railroad Commission for the city of New Orleans responsible because the defendant allegedly failed to provide a safe place to work.
The plaintiff requests a trial by jury and seeks all damages reasonable in the premises, plus interest, attorney’s fees and costs and all other general and equitable relief. He is represented by W. Chad Stelly, Blake G. Arata Jr. and C. Perrin Rome III of Rome, Arata, Baxley & Stelly LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-04812