This case takes place in Kentucky and involves a railroad conductor who was injured by machinery at a railway offloading premise. The conductor was performing his everyday duties of directing the movement of railroad cars loaded with coal into their respective offloading areas- where the cars are emptied by use of an external machine. In the course of performing these duties, he was struck from behind by one of the offloading machines, which crushed his body against the railroad car. As a result, he suffered severe and permanent injuries to his body, which have permanently and totally disabled him from his occupation as a conductor. It is alleged that there was insufficient visual devices (mirrors and digital cameras) for the operator of the offloading machine to safely make a backup move, and that no backup warning devices were installed.