Rail worker sues for alleged injuries from working on flat car

John Suayan, Galveston Bureau Dec. 27, 2013, 3:54pm

GALVESTON - Claiming he was injured while performing a task for BNSF Railway Co. two months ago, San Leon local Dan A. Novak is pursuing legal action.

Recent court documents filed Dec. 20 in Galveston County District Court show Novak sustained injuries to his back and shoulders at a rock plant in Arcola last Oct. 16.

Before the event in question, the plaintiff picked up a wheel he was going to install on a flat car from a facility in Dayton.

BNSF reportedly provided him with a freightliner truck equipped with a crane and a hydraulic simplex jack to perform his work.

According to the original petition, the claimant and his helper were changing out the wheel on the car when the former "felt a pop in his back and shoulder area."

Novak explains that he "had physical limitations due to a previous injury and was allowed to work within his limitations," assert the company "negligently" assigned him to work in an area that was "likely to cause injury" despite his objections.

Consequently, the plaintiff seeks more than $1 million in damages and a jury trial.

He is represented by attorney Robert M. Tramuto of Jones, Granger, Tramuto & Halstead in Houston.

The case has been assigned to the Galveston County 212th District Court.

Case No. 13-CV-1572

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