KCS Railway sued for man's leg amputation

David Yates May 1, 2008, 6:23am

A railroad worker lost his leg last month while aiding in switching operations. Now, James W. Murray wants compensation for his injury and has filed suit against his employer, Kansas City Southern Railway Co.

The Federal Employers Liability Act suit was filed on April 30 in the Jefferson County District Court.

According to Murray's petition, on March 4, 2008, he was working for Defendant KCS when he suffered an amputation of his right leg while assisting in switching operations in KCS' Beaumont yard.

"The injury to Plaintiff was due in whole or in part to the negligence of Defendant," the suit says.

"Specifically, KCS failed to provide Plaintiff with a safe place to work, failed to train, instruct and supervise, failed to warn,failed to provide safe and suitable tools, appliances and equipment, failed to establish, follow and enforce proper safety rules and failed to comply with industry standards."

The suit does not specifically state how the injury occurred or how KCS was negligent.

Murray is suing for past and future mental anguish, lost earnings, impairment, medical expenses and disfigurement.

"Plaintiff affirmatively pleads that he seeks monetary relief aggregating more than $50,000," the suit says.

Murray is demanding a trial by jury and is represented by attorney Bristol Baxley of the Rome, Arata & Baxley law firm.

The case has been assigned to Judge Gary Sanderson, 60th Judicial District.

Case No. B181-687

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