Railroad worker sues KCS over back, leg injuries

Kelly Holleran Nov. 3, 2008, 8:25am

A Jefferson County man has filed suit against the Kansas City Southern Railway Company, alleging his spine, discs, vertebrae, back, legs and feet were injured while he was working for the company.

At the request of his supervisor, Jeff S. Dyke was cleaning the terminals on a battery set near SP Junction milepost 764.9 when his injuries occurred, the complaint filed Oct. 28 in Jefferson County District Court states.

In addition to his injuries, Dyke suffered great physical and mental pain and anguish and has lost wages and lost his future earning capacity, the suit states.

In addition, Dyke claims he has incurred medical costs.

The Kansas City Southern Railway Company was negligent because it failed to provide Dyke with a safe place to work, failed to provide reasonably safe conditions for work, failed to properly inspect its equipment and failed to warn Dyke of defective equipment, according to the complaint.

In addition, the railway negligently failed to provide reasonably safe appliances, failed to provide reasonably safe methods of work, failed to provide adequate help, failed to provide reasonably safe equipment, failed to allow the terminals to be too tight, failed to have a reasonably safe way to tighten or loosen the terminal nuts and failed to properly maintain its equipment, the suit states.

Dyke is seeking unspecified damages, post-judgment interest, costs and other relief the court determines to be appropriate.

Ryan M. Furmiss of Holland, Groves, Schneller and Stolze in St. Louis, Mo., and Gilbert T. Adams of the Law Offices of Gilbert T. Adams in Beaumont will represent the plaintiff.

The case has been assigned to Judge Donald Floyd, 17nd District Court.

Case No. E182-609

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