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Employee sues CSX over run-in with goose
2/12/2008 1:26 PM By Chris Dickerson  -Cabell Bureau

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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

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Comments on this article

  • Outrageous

    This is outrageous and a prime example of the frivolous lawsuits filed in WV and abuse of the legal system. Did the goose work for CSX? Did it have a CSX hard hat on? How could you prove it was CSX's goose? Does CSX have control over the nesting patterns of all geese in WV? Again, ridiculous.

    by WVForLegalReform

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  • Dumbass

    I would be ashamed to tell my friends I had my butt kicked by a Goose. What next -- birds pooping on his car. Probably started out as a harmless prank gone wrong by a couple of Geese.

    by Jerry

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  • We need tort reform!!!

    What a honking moron!!!

    by What ever

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  • Loser pays

    This is a good example of why there should be a loser pays system. Let the man sue, if he loses the trial he should be held responsible for the costs incurred by the defendant. This would/should/could cut down on the frivolous lawsuits.

    by JK

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  • Countersuit

    Waiting to see the name of the attorney that will represent the goose in the countersuit. I see home invasion, assault, past and future veterinarian treatment, past and future pain.

    by John

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  • $$$$

    I thank he should get the money. Because CSX should of taken care of the goose before it made a nest in the yard.

    by scooter

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  • Goose Me PLEASE!!!!

    Lord I pray that this very same goose will hide under my work truck so that I may also ask my employer for even more dollars in my lawsuit that I file. Amen

    by John

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  • Goose

    Did that goose have a CSX decal on it's side?

    by W.R. Gilbert

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  • goose

    saw on boortz

    by Jim

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  • Show me the money

    AHHH!! I got goosed! I'll sue!! This sounds like one of those McDonald's hot coffee suits. I hope the case gets thrown out, and the judge sends this dude and his lawyer out the door with nothing but court fees the plaintiff has to pay.

    by AFLAC

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  • Insurance

    The goose was probably insured by Aflac anyway.

    by Goooooooooose

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  • Workers' Comp

    Workers' Compensation - also know as "Employer's Liability" insurance - is the sole remedy for instances like this. A lawsuit cannot proceed.

    by Mark Rollins

    url:

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