Rail worker sues BNSF over injuries from engine exhaust

John Suayan, Galveston Bureau Apr. 13, 2010, 11:40am

GALVESTON - A New Mexico man has filed suit against his employer for injuries he reportedly sustained while working at a Galveston rail yard.

Andres Martinez's personal injury lawsuit against BNSF Railway Co. alleges the plaintiff suffered serious bodily injury while performing his assigned duties of removing tape from an engine exhaust on Dec. 10, 2008.

The suit was filed April 12 under the Federal Employers' Liability Act in Galveston County Court No. 1.

Court papers are mum about the exact extent of Martinez's injuries, but the plaintiff claims he had been hurt severely and permanently.

The plaintiff seeks damages for physical pain and suffering, mental and emotional pain, lost earnings and medical expenses.

Martinez is represented by Houston attorney Mark T. Berry.

The case has been assigned to Galveston County Court No. 1 Judge Mary Nell Crapitto.

Cause No. 62,643

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