Judge to rule on summary judgment in case of KCS worker who lost leg

David Yates Oct. 27, 2008, 5:00am

As the Record reported in April, railroad worker James W. Murray lost his leg last spring while on the job at the Beaumont switch yard. In turn, he filed a Federal Employers Liability Act suit against Kansas City Southern Railway Co.

Seven months later, Judge Gary Sanderson has slated a summary judgment hearing Friday, Oct. 31, which could decide if the case remains in Jefferson County District Court.

The suit was first filed April 30 and assigned to the 60th Judicial District.

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 represented by attorney Bristol Baxley of the Rome, Arata & Baxley law firm.

Case No. B181-687

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