Train worker claims he was crushed because of faulty radio

Kelly Holleran Mar. 23, 2009, 6:55am

A Texas man has filed suit against BNSF Railway Company, alleging he was injured after the train on which he was working crashed into other rail cars.

Stephen Moore claims he was working for the railway on Dec. 16 when the collision occurred, causing injury to his back, neck, head, arms and hips.

According to the complaint filed March 18 in Jefferson County District Court, the collision was caused because the radio on the lead locomotive malfunctioned. The radio is to be used between two employees when trains, cars, locomotives or other on-track equipment is being pushed or backed.

"The employee directing the movement shall specify the distance of the movement, and the movement shall stop in one-half the remaining distance unless additional instructions are received," the suit states.

However, if the radio does not work or if the directions are not understood, the movement of any equipment is to be stopped until the misunderstanding has been resolved or until radio communication has been restored, the complaint says.

Moore alleges that since the radio was not working at the time of the incident, the train should not have been moving.

Because of the incident, Moore claims he suffered great physical and mental pain, suffering and anguish and lost wages, benefits and his future earning capacity, according to the complaint.

He also incurred medical expenses and suffered physical impairment, the suit states.

Moore is seeking a judgment within the jurisdictional limits of the court, post-judgment interest, costs and other relief to which he may be entitled.

He is represented by Clint E. McGuire of The Law Firm of Alton C. Todd in Friendswood.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A183-561.

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