KCS seeks summary judgment in slip-and-fall FELA suit

David Yates May 4, 2010, 6:17am

Last April, Jackie Ross, a Kansas City Southern Railway conductor, filed a suit against his employer claiming he was injured when the rock he was walking on gave way causing him to slip and land on his tail bone.

Earlier this year, KCS filed a motion for partial summary judgment, asserting that in the time since Ross filed his petition he has failed to present any evidence linking the company to his alleged injury.

A hearing on the matter has been slated for May 14 in Judge Donald Floyd's 172nd District Court.

Court documents show that on April 18, 2009, Ross was walking in the KCS yard in Port Arthur yard when he slipped and fell. Five months later, he underwent bilateral hernia surgery – a surgery Ross claimed was necessary because of an injury he sustained from losing his footing on a rock in the rail yard.

Ross sued KCS under the Federal Employment Liability Act on April 28, 2009, just 10 days after the incident.

"As a matter of law, plaintiff can present no evidence hernia surgery resulted from any act on the part of KCS ... and there is no evidence of any defective safety appliance on any rail car or locomotive plaintiff worked on," KCS' motion for summary judgment states.

"For these reasons, KCS respectfully requests that his court grant its motion ... and dismiss the aforementioned claims."

In his suit, Ross alleges that KCS failed to maintain its premises and provide him with a safe place to work.

He is suing for past and future mental anguish, pain, impairment, lost wages and medical expenses, plus attorney's fees.

KCS is represented by Germer Gertz attorney Mitchell Smith.

Ross is represented by attorney Bristol Baxley.

Case No. E183-905

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