PU seeks TRO 3 days after KCS employee dies

David Yates Sep. 2, 2010, 6:59am

Last Friday, Arthur Hufstetler was electrocuted. Three days later, Vicky Hufstetler filed an application for a temporary restraining order to stop his employer from tampering with any evidence that may be used in a civil suit.

On Vicky's behalf, Walter Umphrey, co-founder of the Provost Umphrey law firm, filed the TRO against Kansas City Southern Railway on Aug. 30 in Jefferson County District Court.

Court records show that on Aug. 27, Arthur, a machinist for KCS, was picking up trash around electrical equipment at the railway's Port Arthur yard "when he came in contact with the electrical equipment" and was "fatally injured."

"Plaintiff request (sic) that this honorable court restrain the defendant from ... tampering with any equipment or warning signs in the immediate area of the accident site," the TRO application states.

"It is probable that plaintiff will recover from defendant after trial on the merits because of the negligence defendant has committed."

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

Case No. A187-819

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