KCSR wants injury suit transferred

David Yates Oct. 25, 2010, 10:00am

As previously reported by the Southeast Texas Record, Travis Evans sued Kansas City Southern Railway in late July for "failing to take steps" to ease the repetitive trauma inflicted on his knees during his 35 year career.

On Sept. 13, KCS filed its answer to the suit and motion to transfer venue.

KCS alleges Evans failed to mitigate first and received medical benefits for his injury, the motion states.

KCS further asserts his claims are pre-empted by the provisions of the Federal Employers Liability Act.

Evans claims in his suit that "he was exposed to daily repetitious physical trauma resulting in serious injuries to his knees" throughout his career working as a track worker.

"Plaintiff will show that a reasonably prudent employer would have ...known about ergonomic risk factors and taken steps to ameliorate them," the suit states, adding that KCS also failed to provide him with a safe workplace.

Evans is seeking past and future mental anguish, emotional pain, lost wages, medical expenses and impairment.

He is represented by Houston attorney Mark Berry.

KCS is represented by Germer Gertz attorney Mitchell Smith.

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

Case No. A187-437

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