A railroad worker's injury has sparked a legal battle over alleged negligence and unsafe working conditions. On June 19, 2024, Kirkland Hughes filed a complaint in the United States District Court for the Eastern District of Louisiana against the New Orleans Public Belt Railroad Commission for the Port of New Orleans (NOPB).
The lawsuit centers around an incident on May 17, 2023, when Hughes was performing his duties as a Brakeman at NOPB’s Cotton Warehouse Yard. Hughes claims that while manually operating defective power switches, he sustained severe injuries to his right shoulder, including two tears requiring surgery. According to the complaint, NOPB had recently installed these power switches but failed to ensure they were functioning correctly. Consequently, employees like Hughes had to operate them manually, which led to his injury.
Hughes accuses NOPB of multiple violations under the Federal Employers’ Liability Act (FELA), alleging that the company failed to provide a safe working environment. The complaint details several instances of negligence: "NOPB failed to use reasonable care to provide Plaintiff with a reasonably safe place in which to work," and "failed to inspect, maintain and/or repair unsafe conditions including defective power switches." Furthermore, Hughes asserts that NOPB did not adequately warn him about the dangers associated with these faulty switches or provide proper tools and training.
The plaintiff is seeking comprehensive damages for physical pain and suffering, mental anguish, loss of enjoyment of life, diminished earning capacity, lost wages and fringe benefits, unpaid medical expenses, and permanent scarring. Hughes demands full recovery for all sums reasonable in these categories along with post-judgment interest and court costs.
Representing Hughes are attorneys Blake G. Arata Jr., W. Chad Stelly, and M. Ali Barnes from Rome Arata Baxley & Stelly LLC. The case is presided over by Judge Barry W. Ashe with Magistrate Judge Michael B. North under Case ID 2:24-cv-01581-BWA-MBN.