David Yates Nov. 3, 2010, 2:26pm
A Kansas City Southern Railway employee has filed suit against the company and Union Pacific Railroad, claiming he injured his back and neck when a KCS train derailed Sept. 13.
Under the Federal Employer Liability Act, James Sanford filed the suit Oct. 28 in Jefferson County District Court.
Court papers show that on Sept. 13 Sanford was working for KCS when a train derailed and wrecked, injuring his back and neck.
Sanford alleges KCS negligently failed to provide him with a safe place to work and UPR failed to maintain the railroad track, court papers say.
"Moreover, UPR was the controller ... of the premises which posed an unreasonable risk of harm," the suit states. "UPR breached its duty."
Sanford is suing for past and future mental anguish, pain, medical expenses and lost wages.
Pearland attorney Bristol Baxley is representing him.
Judge Gary Sanderson, 60th District Court, has been assigned to the case.
Case No. B188-703