Filed and Attested by the Office of Judicial Records 25 JAN 2017 02:35 pm M. BRYANT Case ID: 170103489 HELLER Er I?ll. By: Robert S. ?oggin, llI. Esquile Attorney for Plaintiff Identi?cation No: {5:1ng Suite Gill} 1528 Walnut Street Philadelphia, PA WIDE (Eli) TBS-STSD BRANDON COURT OF COMMON PLEAS PHILADELPHIA TERM. Elli? VS. NATIONAL MILRDAD PASSENGER (AMTRAK) 313th (E: Market Streets, 2nd Floor JURY TRIAL DEMANDED Philadelphia. as. tat a4 l. The Plaintiff herein, Brandon Bostian a resident of the state of Massachusetts. 2. Defendant, National Railroad Passenger Corporation (hereinafter referred to as ?Amtrak"fr. is a eurporation duly organized and existing under and by virtue of the laws of the Commonwealth of with its principle plaee of business at the above address. 3. The aetion arises under the dot of Congress, April 22, 1903, e. 149, 35 Stat. 65, and amendments thereto, USDA. Title 45. See 5 et seq., and further amended by the ritet of Congress, approved by the President ol~ the United States on August 1 l. l939. Chapter 635 First Session of the "Path Congress, known and cited as "The Federal Etnpioyers' Liability ?eet". and under "The Federal Safety Applianee diet", Title 45, USDA, See. l-lft inelusive and under "The Federal Boiler Inspeetion Aet", Title 45. U.S.C.A., See. 22-34, inclusive. 4. All the sets alleged to have been done or not to have been done by the Defendant were done or not done by the Defendant. its agents. servants, workmen andfor employees aeting in the eourse and scope of its employment for and on behalf of the Defendant. Case ID: 170103489 5. At all time material hereto. Plaintiff was employed by Defendant. 6. All of the property. Equipment and operations invoiced in the accident herein referred to were owned by and under the control of the Defendant, its agents. servants andfor employees. 3. On or about May 12. 2'01 5. and for some time prior thereto. Plaintiff was employed by Defendant. Amtrak as an engineer and on that date in the performance of his duties he sustained serious. permanent and painful personal injuries. 1While operating a train that was under attack. by projectiles. one of which caused Plaintiff to become disoriented and or unconscious. Plaintiff was caused to sustain injuries due to the negligence and carelessness of the Defendant. As a result. Flaintif sustained severe personal injuries hereinafter described. 9. The negligence and carelessness of the Defendant consisted of the following. inter alia: a} Failing to provide Plaintiff with a safe environment to work in; h] Failing to provide proper training and adequate safety protection; c) Failing to warn Plaintiff of the existence of said dangerous condition; d} Failing to make the work area reasonable safe for working conditions; cl Failing to maintain said area in a condition which would protect and safeguard the Plaintiff; fl Failing to correct the dangerous conditions existing thereon; til. As a result of the aforesaid negligence of Amtrak. Plaintiff suffered injuries to his head. hack. legs and post concussion in addition Plaintiff suffered injuries. Plaintiff has been advised that some or all ofthe ahcye injuries may he pemtanent in nature. ll. As a result of the aforesaid. Plaintiff has and may hereafter incur a medically Case ID: 170103489 determinable physical or mental impairment which prevents Plaintiff from performing all or substantiall},r all of the material acts and duties which constitute his usual and customary dai] 3; activities. 13. As a result of the aforesaid. Plaintiff has and may suffer a severe loss of his earnings and impairment to his earning capacity and power. l4. As a further result of the negligence of the Defendant, the Plaintiff has undergone great physical pain and mental anguish and will continue to endure the same for an indefinite time in the future, all to his great detriment and loss. 15. As a further result of the aforesaid, Plaintiff has suffered fiscal and credit rating losses, as well as having been obliged to eapend large sums of money for medicines and medical care and attention in and about an effort to effect a cure of his aforesaid injuries, and he will be obliged to continue to expend large sums of money for the same purposes for an inde?nite time in the future, all to his great detriment and loss. Plaintiff, Brandon Bostian, claims of the Defendant, a sum in excess of FIFTY THOUSAND DDLLARS KELLER 3r GUGGIN, PI). Ev: fszohcrt S. Goggin, [Ii RGBERT 3. QUEEN, ESQLIIRE Attorney for Plaintiff Case ID: 170103489 VERIEICATION I, Robert S. Goggio, Esquire, have read the foregoing. The statements herein are eorreet to the best of my personal knowledge, information andi'or belief. This statement and verification is made suhjeet to the penalties or IE Pa. 49134 relating to unsworn falsifieations to authorities, which provide that if 1 knowingly make false averrnents. i may be subject to eriminal penalties. eff??t. Rossa'r . oo N. ssoritas Date: January 25, Case ID: 170103489