Train wreck leads railroad worker to sue KCS

David Yates Jan. 5, 2011, 7:36am


Kansas City Southern Railway employee Waylon Nalley is suing the company for back and neck injuries he received more than two years ago in a train collision.

Under the Federal Employers Liability Act, Nalley filed his suit Dec. 30 in Jefferson County District Court.

According to the petition, on Nov. 12, 2008, Nalley was working for KCS when two locomotives rammed into a cut of rail cars, causing him to injure his neck, shoulders and lower back.

The suit does not state where the incident occurred.

In his suit, Nalley accuses KCS of failing to operate the machines at the required and speed and also negligently failed to train and supervise its employees.

Nalley is seeking damages for his alleged mental anguish, lost earnings, impairment and medical expenses in an amount totalling more than $50,000.

He is represented by attorney Bristol Baxley of the Pearland law firm Rome, Arta & Baxley.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E189-047

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