Employee sues CSX over run-in with goose
2/12/2008 1:26 PM
By Chris Dickerson -Cabell Bureau
HUNTINGTON - A CSX Transportation conductor is trying to goose his employer in federal court after he was attacked by a goose in a railyard.
Aaron E. Richards filed a FELA lawsuit Feb. 4 in U.S. District Court in Huntington against CSX.
On April 23, 2005, Richards says he was working as a conductor at the Keyser Receiving Yard near Ravenswood and was performing a brake test on a CSX train.
"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 railcars, striking plaintiff, and causing him to fall," the complaint states.
Richards claims his injuries were caused by the negligence of CSX.
He lists injuries as past and future pain, past and future medical treatment, loss of earnings and impairment of future earning capacity and loss of enjoyment of life.
Richards seeks damages in excess of $75,000 as well as costs and other relief. He seeks a jury trial.
Richards is represented by Huntington attorney W. Michael Frazier and William Kvas of the Minneapolis law firm of Hunegs, LeNeave & Kvas. The case has been assigned to Judge Robert C. Chambers.
U.S. District Court case number: 3:08-0079
So this guy is a wuss...that being said...
(I recognize that this is a VERY GENERAL question, but just go with it)
To what extent if any does an employer have a responsibility of protecting its employees from wild animal life?
IMHO, IANAL, the answer is none. Think about it, if you are a park ranger, you are prob. employed by the state/feds...are they supposed to protect you from the possibility of bear attacks? No. But even if so, how could they?
Wouldn't logic dictate that if the scope of your work involves being outdoors at all, then there is an inherent "risk" associated with a possible encounter with animal life?
I have to believe that there are protections in place to protect employers. Going by this logic, if one gets in a car accident on their way to work, then the employer should be at fault...
You legal folk...help!
Next question...in the event you are being attacked by a goose, what is the best way to defend yourself? I do not care if I kill it or not.