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IN THE UNITED STATES DISTRICT COURT 

FOR THE I'? nr', _ r1 r'! 1. ') 

NORTHERN DISTRICT OF INDIANA, SOUTH BEN)}IDIVISION ..; 0 

RICHARD MESSENGER, ) 

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Plaintiff. 

v. 

NORFOLK SOUTHERN RAIL WAY 

COMPANY, 

Defendant. 

COMPLAINT AT LAW 

NOW COMES the Plaintiff, RICHARD MESSENGER, by and through his attorneys, 

GEORGE T. BRUGESS and HOEY & FARINA, P.C. and for his Complaint against Defendant, 

NORFOLK SOUTHERN RAIL WAY COMPANY, states as follows: 

1. Jurisdiction of this Court is invoked under the provisions of Title 45 U.S. Code 

sec. 56. 

2. This action arises under, and the rights and liabilities of the parties to this cause 

are governed by, the Federal Employers' Liability Act, 45 U.S.C. sec. 51 et seq. and similar state 

statute. 

.J. '"' At all times herein, the Defendant, NORFOLK SOUTHERN RAIL WAY 

COMP ANY, was and is a railroad corporation doing business in the State of Indiana. 

4. At all times herein, the Defendant, NORFOLK SOUTHERN RAIL WAY 

COMPANY, was a common carrier by railroad engaged in interstate commerce. 

5. At all pertinent times, the Defendant, NORFOLK SOUTHERN RAIL WAY 

COMP ANY, owned, maintained and operated the Elkhart Yard in Elkhart, Indiana. 

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USDC IN/ND case 3:13-cv-01098-WCL-JEM document 1 filed 10/09/13 page 1 of 4
(a) failed to keep track of cumulative trauma injuries; 

(b) failed to supply its employees with safe and suitable tools; 

(c) failed to provide sufficient manpower to perform assigned tasks, thereby 

decreasing the risk of repetitive and vibratory trauma; 

(d) assigned Plaintiff to perform tasks it knew or should have known 

presented an unreasonable risk of harm to Plaintiff; 

(e) failed to warn its employees of the dangers of celiain repetitive and 

vibratory tasks; 

(f) failed to promulgate rules governing repetitive and vibratory tasks to limit 

times performing said tasks; and 

(g) was otherwise careless and negligent in failing to provide Plaintiff with a 

safe place to work. 

15. Defendant's failure to provide Plaintiff, RICHARD MESSENGER, with a safe 

place to work by one or more of the aforementioned negligent acts or omissions caused, in whole 

or in part, Plaintiffs injuries. 

16. As a consequence, Plaintiff, RICHARD MESSENGER, incurred injuries which 

have caused and may continue to cause him pain, suffering, inconvenience, anguish and 

disability; as a further result, Plaintiff, RICHARD MESSENGER, has been and may in the future 

be kept from attending to his ordinary affairs and duties, and has lost and may lose great gains 

which he otherwise would have made and acquired; as a further result, Plaintiff, RICHARD 

MESSENGER, has incurred medical, hospital and related expenses and is reasonably certain to 

incur further medical, hospital and related expenses in the future. 

WHEREFORE, the Plaintiff, RICHARD MESSENGER, demands judgment in his favor 

and against Defendant, NORFOLK SOUTHERN RAIL WAY COMPANY, in a sum in excess of 

$100,000.00 plus the costs of this suit. 

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USDC IN/ND case 3:13-cv-01098-WCL-JEM document 1 filed 10/09/13 page 2 of 4
6. On and prior to November 1, 2010, the Plaintiff was employed by Defendant, 

NORFOLK SOUTHERN RAIL WAY COMPANY, as a Conductor. 

7. Plaintiff was injured while working for Defendant. 

8. On or about November 1, 2010 severe and disabling injuries to Plaintiffs body 

manifested. 

9. Since approximately November 1, 2010, Plaintiff discovered that he suffers from 

Carpal Tunnel Syndrome and Cubital Tunnel Syndrome. 

10. Defendant knew or should have known that the risk factors for Carpal Tunnel 

Syndrome and Cubital Tunnel Syndrome are repetitive hand, wrist and elbow motions, hand, 

wrist and elbow joint deviations, forceful use of the hand, wrist and elbow and vibration. 

11. That, notwithstanding said knowledge, on a daily basis Defendant ordered 

Plaintiff to perfoml work that required Plaintiff to repetitively use his hands, wrists and elbow to 

deviate his hand, \vrist and elbow joints, to use his hand, wrist and elbow joints under force and 

to use vibratory equipment. 

12. As a result of performing said activities as ordered by his supervisors, Plaintiff 

was seriously injured. 

13. At all times Defendant had a non-delegable duty to provide Plaintiff with a 

reasonably safe place to work. 

14. In violation of its duty, the Defendant, NORFOLK SOUTHERN RAILWAY 

COMPANY, negligently and carelessly failed to provide Plaintiff, RICHARD MESSENGER 

with a safe place to work by committing one or more of the following negligent acts or 

omIssIOns: 

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USDC IN/ND case 3:13-cv-01098-WCL-JEM document 1 filed 10/09/13 page 3 of 4
George T. Brugess 

HOEY & FARINA, P.C. 

Attorneys for Plaintiff 

542 South Dearborn, Suite 200 

Chicago, IL 60605 

(312) 939-1212 

By: 

Respectfully submitted, 

HOEY & FARINA, P.C. 

George T. Brugess 

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USDC IN/ND case 3:13-cv-01098-WCL-JEM document 1 filed 10/09/13 page 4 of 4