Suit Filed in Railroad Injury
-July 16, 2007
A railroad employee and his wife filed suit against his previous employer after his leg was severed while at work.
Injury on the Job
While Perry Ashworth was working on a railroad car when employed at Huntsman Refinery, his leg was mutilated at the knee after the car suddenly rolled over him.
According to court reports, Ashworth put the break on while working; however, it was defective and caused the rail car to roll back on top of him.
The Allegations
According to the suit, “The rail car rolled on the plaintiff and his leg became entangled. Ashworth will now be hospitalized and impaired for the rest of his life.”
The lawsuit filed named Railserve Inc., Rescar Inc. and Huntsman Petrochemical Corp as being responsible for Ashworth’s injuries.
Ashworth is citing the Federal Employer’s Liability Act (FELA) and blaming Railserve for the railroad accident, claiming they failed to provide a safe working environment.
Rescar is also named in the suit for failing to provide well-maintained breaks.
Ashworth and his wife hope to receive compensation for the medical bills, physical pain, disfigurement, and mental anguish they have to live with as a result of this unfortunate accident.
(Source: Southeast Texas Record)
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FELA, or the Federal Employment Liability Act assures railroad employees a safe work place and gives them and their families the right to recover compensation if injured in a railroad related accident. Under FELA, injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. All railroad solvent exposure lawsuits have been filed under FELA.
