Railroad worker claims handhold gave way, sues UP

Kelly Holleran Feb. 4, 2009, 3:31am

A former Union Pacific Railroad Company worker has filed suit against the company, alleging he was injured after one of the handholds on a rail car gave way.

Keith McClinton was working for Union Pacific when the handhold on a rail car broke and caused him to fall, according to the complaint filed Jan. 27 in Jefferson County District Court.

McClinton suffered injury to his shoulder, arm, upper extremity and other parts of his body after the fall, the suit states.

He also claims he experienced physical pain, suffering and mental anguish, lost earnings and benefits, suffered physical impairment and disfigurement and incurred medical expenses.

According to the complaint, Union Pacific was negligent by:

  • Failing to provide McClinton with a safe place to work;
  • Failing to comply with industry standards;
  • Failing to properly train, instruct and supervise;
  • Failing to provide adequate manpower;
  • Failing to provide safe equipment; and
  • Failing to maintain, inspect and repair equipment.

    The company also negligently failed to warn workers, the suit states.

    McClinton is seeking a judgment within the jurisdictional limits of the court, post-judgment interest at the legal rate, costs and other relief to which he may be entitled.

    He will be represented by Bristol Baxley of Rome, Arata and Baxley in Pearland.

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

    Case No. D183-135

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