IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JAMES HOAG )

)

Plaintiff, )

) No.

)

NORFOLK AND SOUTHERN RAILWAY CO. )

)

)

Defendant. )

COMPLAINT

NOWCOMESthePlaintiff JAMESHOAG, byand through his attorney,JohnS.Bishof,Jr. of

the Law Office of John Bishof PC, for his cause of action against the Defendant, NORFOLK AND

SOUTHERN RAILWAY CO., and states and alleges as follows:

PARTIES

1. Plaintiff, JAMESHOAG, was, and at alltimes hereinmentioned, a resident ofCounty,

Indiana. 

2. The Defendant, NORFOLK SOUTHERN RAILWAY COMPANY (hereinafter

referredto as “NSRC”), is a railroad companyorganized and existing byvirtueofthe laws oftheState of

Virginia and at all times pertinent hereto, was and is doingbusinessin theCountyofAllen,Indiana and

CountyofCook,State ofIllinois, as an interstate common carrier byrailtransportingfreightfor hire in and

from the various states of the union including the States of Virginia, Indiana and Illinois.

3. Plaintiff, JAMESHOAG, beganhis employment with theNSRCin 1972 and ended his

employmentinMayof 2008.Duringmost of his career,plaintiffwas a conductor and delegatedmanyjob

tasks that were repetitive in nature.

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JURISDICTION AND VENUE

4. This Court has jurisdiction over Defendant NSRC and venue is proper in this court

pursuant to 45 U.S.C. §§ 56, commonly known as the Federal Employers’ Liability Act (FELA). 

VIOLATION OF THE FEDERAL EMPLOYERS LIABILITY ACT

5. Plaintiff, JAMESHOAG, was in the course and scope of his employment withNSRC

workingas aConductor andwasrequired to performvariousrepetitive tasks,including, butnotlimitedto,

throwingswitches,removingderailsfromthetrack, connectingairhoses, applyingandreleasinghandbrakes

ofrail cars, holding onto the side ofrail cars, couplingcars andgiving signalsto fellowcrewmembers by

waving a lantern.

6. OnMarch18,2010,plaintiffwasdiagnosedwithcarpeltunnelsyndrome byhis physician.

It was over a yearlater,August of 2011, that he became aware that the carpel tunnel was causallyrelated

to the activities that he performed at the work place as a conductor for the defendant.

7. ThattheDefendant,NSRC,by and through its agents,servants and employees,were then

and there guiltyof one or more of the following negligent acts or omissionsin violation of the Federal

Employers' Liability Act:

a. In failing and neglecting to provide Plaintiff with a reasonably safe place to work;

b. In failing and neglecting to providePlaintiffwith reasonablysafe tools and equipment,

includingbut notlimited to switchesthatwere difficulttothrowdue to poormaintenance;

c. In failing and neglecting to provide Plaintiff with reasonably safe equipment such as 

handbrakes on railcars which were not properly maintained and lubricated;

d. In failingand neglectingto inspect,maintainandrepairthe tools andequipmentincluding,

switches, derails, air hoses and coupling devices it required plaintiff to operate; 

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e. In failing and neglecting to properlywarn Plaintiff that said tools and equipment were

defective;

f. In negligentlycreatingand permittingadangerous andhazardous conditiontoexist at the

work place where its employees were required to operate during the course of their

emplyment.

g. In failing and neglecting to adopt, enforce and carry out safe customs and practices in

doing said work;

h. In failing and neglecting to adopt, install, implement and enforce a safe method and

procedure for the work assigned to Plaintiff;

i. Other acts of negligence. 

8. That as a result, in whole or in part, of the aforesaid negligence of Defendant, NSRC,

plaintiffwas caused to seekmedical care for carpel tunnel syndrome, his hands and wrists. Onlyover a

year after plaintiffwas diagnosedwith carpel tunnel syndromebyhis physician onMarch 18, 2010was

he informedthat his permanentinjurieswere causedbyrepetitive traumadue to activities performed atthe

work-place.

9. That as a result, in whole or in part, of the aforesaid negligence of Defendant, NSRC,

Plaintiffsustainedandwill continue tosustainintothe future, great bodilyandmentalpainandanguish, and

was made otherwise sick, sore and lame, which injuries are severe and permanent in nature.

10. That in an effort to treat, heal and relieve said injuries and as a result, inwholeorin part,

of the aforesaid negligence of Defendant, NSRC, Plaintiff has incurred and will incur into the future

substantial expenses for medical, hospital, nursing and related care, the full extent of which are not

determinable at this time.

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11. That as a result, in whole or in part, of the aforesaid negligence of Defendant, NSRC,

plaintiff has experienceda loss ofwages andwill continue tosuffer a loss ofwagesintothe future; and that

plaintiffwill continue to suffer a permanentdiminutionorloss of earningcapacity,the full extent ofwhich

at this time cannot be determined.

12. That as a result, in whole or in part, of the aforesaid negligence of Defendant, NSRC

Plaintiff has experienced a loss of enjoyment of life from the past and into the future.

WHEREFORE,Plaintiffrespectfullypraysthatjudgment be enteredagainst DefendantNSRC,

for recovery of reasonable damages in an amount greater than FiftyThousand Dollars ($50,000.00),

togetherwithinterestthereon, andfor his costs and forsuch other and furtherrelieftowhich hemayappear

entitled.

Respectfully submitted,

/s John S. Bishof, Jr.

John S. Bishof, Jr., #213926

Law Office of John Bishof P.C

77 West Washington St., Suite 1910

Chicago, IL 60602

Ph: 312-630-2048 Fax: 312-630-2085

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