Wrongful death suit filed against UP after employee dies of heart attack

Michelle Massey, East Texas Bureau Aug. 27, 2009, 8:50am

MARSHALL � After her husband died on the job from a heart attack at age 46, Brenda Boyd filed a lawsuit against his employer, Union Pacific.

Alleging violations of the Federal Employer's Liability Act and several federal safety regulations, Brenda Boyd, individually and as personal representative of the estate of Calvin Boyd, filed suit against Union Pacific Corp. on Aug. 24 in the Marshall Division of the Eastern District of Texas.

According to court documents, on Dec. 3, 2007, while working as a machine operator, Calvin Boyd notified his supervisor that he was not feeling well.

When the supervisor - the only other employee working at the time - reached Calvin Boyd, the supervisor noticed that Boyd had vomited all over himself his machinery. The supervisor told Boyd to sit in the shade and drink some water.

The plaintiff states that by the time her husband was transported to the nearest hospital, he had suffered complete cardiac arrest and was pronounced dead on arrival.

The plaintiff claims her husband's death is the result of Union Pacific's negligence.

She alleges that the defendant was negligent for:

  • Violating the Federal Employers' Liability Act;

  • Failing to provide the deceased with adequate assistance to perform his assigned duties;

  • Failing to provide the deceased with appropriate and necessary medical care; and

  • Failing to use due care and caution under the circumstances.

    Brenda Boyd is seeking damages for mental anguish, medical expenses, funeral and burial expenses, lost wages, loss of earning capacity, physical pain and loss of consortium.

    John D. Sloan Jr. and M. Raymond Hatcher of the Sloan, Bagley, Hatcher and Perry Law Firm in Longview are representing the plaintiff.

    U.S. District Judge T. John Ward is assigned to the litigation and has been referred to Magistrate Judge Charles Everingham for pre-trial proceedings.

    Case No 2:09cv00254

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