(The following story by Jim McBride appeared on the Amarillo Globe-News website on July 20.)
AMARILLO, Texas — An employee is suing the Burlington Northern and Santa Fe Railway Corp. over a 2001 injury he allegedly suffered while working in an Amarillo railyard.
Brad Dawson filed suit against the railroad July 13 in 108th District Court.
According to the suit, Dawson, a conductor and foreman, was tying a hand brake on a rail car in the Amarillo South Yard on Aug. 11, 2001.
Dawson claims the brake was defective and did not operate properly, causing him to suffer unspecified severe and permanent injuries.
Dawson alleges the company was negligent in several respects: in failing to provide a reasonably safe place to work; failing to provide safe and proper equipment; failing to maintain, inspect and repair the rail car; failing to warn him of defective conditions on the rail car; permitting dangerous and hazardous conditions to exist on the rail car; and assigning Dawson to work on a rail car with unsafe, dangerous and malfunctioning equipment.
The suit further alleges the railroad negligently violated the Federal Employers Liability Act, the Code of Federal Regulations and the Federal Safety Appliance Act.
Dawson is seeking unspecified damages for physical pain and mental anguish, lost earning capacity, loss of enjoyment of life, past and future medical expenses, physical impairment and disfigurement.
Burlington Northern spokesman Joe Faust said the company’s policy is not to publicly comment on pending litigation.