Railroad employee sues after tripping over track

Kelly Holleran Nov. 9, 2009, 3:35am

A railroad employee claims she tripped over a section of track after a switchboard operator switched the direction of the tracks without informing her.

Patricia Madison filed a lawsuit Nov. 3 in Jefferson County District Court against The Kansas City Southern Railway Co.

Madison claims she was working for KCS on Jan. 17, 2008, when she crossed the tracks to open a gate.

"The switchboard operator for KCS switched the direction of the tracks, when Plaintiff walked back toward the railroad tracks to cross back over them she tripped and fell," the suit states.

Because of her fall, Madison incurred medical costs, experienced physical pain, suffering and mental anguish and sustained a physical impairment, the complaint says.

Madison blames KCS for failing to provide proper warnings of a hazardous condition, failing to warn her of the dangerous condition, creating an unreasonable dangerous condition and failing to have proper lighting. In addition, it failed to correct the dangerous condition, according to the complaint.

Madison is seeking general and special damages, plus costs, pre- and post-judgment interest and other relief to which she may be entitled.

Clint Brasher and Joe Muckleroy of Beaumont will be representing Madison.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A185-254.

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