Railroad employee sues UP over injury at rail yard

Kelly Holleran Nov. 25, 2008, 9:27am

A Nederland man has filed suit against Rescar and Union Pacific Railroad Co., alleging he was injured while transporting railroad cars on Rescar's premises as part of his job as a UP employee.

Foster O. Stanley was throwing a switch to move railroad cars on July 16 when he was injured, according to the complaint filed Nov. 18 in Jefferson County District Court.

In addition to his injuries, Stanley incurred lost wages, medical expenses, physical pain and mental suffering and physical impairment, the suit states.

He claims Rescar breached its duty to exercise ordinary care because its premises were unreasonably dangerous and because it failed to correct conditions.

Stanley's injuries were caused because of the negligence of UP's officers, agents or employees, the suit states.

Stanley also claims his injuries were caused because of UP's negligence in the property, roadbed, walkways and other areas where Stanley was supposed to work and because of its negligence to provide Stanley a safe work place.

Stanley is seeking a judgment within the jurisdictional limits of the court, pre- and post-judgment interest at the legal rate, costs and other relief the court deems just.

Rodney V. Steinburg, Michael L. Herzik and M. Lucia Prieto of Steinburg, Herzik and Prieto in Houston will be representing Stanley.

The case has been assigned to Judge Milton Shuffield of the 136th District Court.

Case No. D182-746

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