Filed under the Federal Employers Liability Act (FELA) in the U.S. District Court for the Southern District of West Virginia, the suit by Aaron E. Richards claimed his injuries occurred because of the company’s negligence. Richards said in the suit the incident occurred early in the morning on April 23, 2005 when he was performing a brake test on a train at a West Virginia rail yard.
“As plaintiff performed the required inspection, a goose which was previously known by defendant to have nested in its yard area, suddenly jumped out from under one of the rail cars, striking plaintiff, and causing him to fall,” the suit said.
Richard indicated his injuries resulted in past and
future pain, past and future medical treatment, loss of
earnings and impairment of future earning capacity, and
loss of enjoyment of life. He is seeking damages in
excess of $75,000, as well as costs and other relief, and
a jury trial.
Richards’ claim is here .