David Yates Oct. 16, 2007, 8:10am
For nearly four decades Alex Frausto worked for BNSF Railway Co. During his long tenure, Frausto claims to have suffered repetitive trauma to his back, knees, shoulder and neck.
In other words, Frausto is alleging 38 years of manual labor have left him in a disfigured and impaired state. Under the Federal Employers Liability Act, Frausto filed suit against BNSF Railway in the Jefferson County District Court on Oct. 15.
Frausto and his lawyer, Sara Youngdahl of Friendswood, claim Jefferson County has jurisdiction in this case "because a substantial part of the events or omissions giving rise to the claim occurred in Jefferson County."
According to the plaintiff's original petition, Frausto was a maintenance-of-way trackman for BNSF Railway for 38 years.
"Plaintiff suffered repetitive trauma to his back, knees, shoulder, neck and other parts of his body," the suit said. "The injuries occurred over a protracted period of time…and are due, in whole or in part, to the negligence of defendant…"
In his suit, Frausto claims BNSF Railway failed to provide him a safe place to work and committed the following acts of negligence:
- Defendant failed to provide safe and proper tools;
- Defendant failed to provide adequate manpower in that plaintiff was required to perform work duties without adequate assistance,physically over-exerting the plaintiff, or alternatively, negligently assigned him to do work defendant knew or should have known would cause injury;
- Defendant failed to enact and enforce safe policies and
procedures for performing the work required of plaintiff.
- And Defendant failed to provide proper instruction and/or supervision.
"Plaintiff would show that because of the repetitive trauma described above, he has suffered a permanent physical impairment and disfigurement," the suit said. "The injuries have had a serious effect on Plaintiff's health and well being."
Frausto is suing for past and future physical pain, lost earnings, disfigurement, impairment and medical expenses.
He is demanding a trial by jury.
Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.
Case No. D180-519