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Attorney Zane Cagle

Posted on May 29th, 2009,
by Zane Cagle

Railroads attempt to dismiss FELA suits

Posted on May 29th, 2009 by Zane Cagle

Two different FELA suits are on the docket this week in Texas where the railroads have attempted to enforce a summary judgment maintaining that the plaintiffs are not entitled to sue under the Federal Employers Liability Act. In order to continue the case, the plaintiffs’ lawyers must prove otherwise to the judge or face dismissal.

One suit alleges injury while installing an end-of-train device while working in Dayton. As a result of the accident, the plaintiff has suffered physical and mental pain, which has had a serious effect on his well-being.

In the second suit, the plaintiff alleges that during the course of his employment, the defendant failed to provide him with a safe place to work. Consequently, he was exposed to repetitive trauma injuries while working within, “the scope of his employment.”

The suit went on to state that the conditions where he was working did not comply with federal regulations concerning the track and ballast. Moreover, the equipment he worked for violated the Safety Appliance Act along with other federal regulations designed to maintain safe work environments for rail employees. Therefore, his injuries were a direct result of the defendant’s negligence to provide a safe and hazard-free workplace.

Have you been injured on the job? If so, call our offices today for a free consultation. At Page Cagle, our experienced FELA and Workers’ Compensation Attorneys will be able to answer all your questions and fight for the compensation you deserve. Contact us today.