Order of dismissal entered in KCS injury suit

David Yates Jan. 11, 2011, 3:50am

A local judge has entered an order of dismissal in a personal injury suit filed against Kansas City Southern Railway last fall.

Patricia Madison, a KCS railroad employee, filed a lawsuit Nov. 3, 2009, in Jefferson County District Court claiming she tripped over a section of track. Madison alleges a switchboard operator changed the direction of the tracks without informing her.

On Nov. 23 Judge Bob Wortham, 58th District Court, signed an order of dismissal in the case, dismissing KCS with prejudice, court records show.

Madison had filed an agreed motion to dismiss five days earlier on Nov. 18.

In her suit, Madison says she was working for KCS on Jan. 17, 2008, when she crossed the tracks to open a gate.

"The switchboard operator for KCS switched the direction of the tracks, when Plaintiff walked back toward the railroad tracks to cross back over them she tripped and fell," the suit states.

Madison was seeking damages for her alleged medical costs, physical pain, and mental anguish.

She blamed KCS for failing to provide proper warnings of a hazardous condition, failing to warn her of the dangerous condition, creating an unreasonable dangerous condition and failing to have proper lighting. In addition, it failed to correct the dangerous condition, according to the complaint.

Clint Brasher and Joe Muckleroy of Beaumont represented Madison.

KCS was represented by Beaumont attorney Mitchell Smith of Germer Gertz.

Case No. A185-254

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