Railroad employee says van accelerated as he climbed in

Kelly Holleran Feb. 10, 2011, 3:00am

A railroad employee claims he was injured when a van took off before he was completely inside.

Shuron Hubert claims he was working for defendant BNSF Railway Co. on Dec. 25 when he attempted to enter a van owned by defendant Renzenberger Inc.

Suddenly, the van accelerated before Hubert could get in it, according to the complaint filed Jan. 27 in Jefferson County District Court.

Because of the incident, Hubert suffered injuries to his back, neck and shoulders and experienced physical pain and mental anguish, the suit states. In addition, he lost his earning capacity, suffered physical impairment, incurred medical costs, experienced disfigurement and lost his household services, the complaint says.

In addition to Renzenberger, Hubert names BNSF as a defendant, saying Renzenberger acted as the Sinkler agent of BNSF at the time of the incident.

In the U.S. Supreme Court's decision in Sinkler v. Missouri Pacific R.R. Co., 356 U.S. 326 (1958), a co-defendants' negligence could be imputed to
the railroad if the co-defendants were performing operational activities of the railroad pursuant to a contract with the railroad.

Hubert alleges negligence against the defendants.

In his complaint, Hubert claims the defendants were negligent and is seeking monetary and punitive damages, pre- and post-judgment interest, costs and other relief the court deems just.

Clint E. McGuire of The Law Firm of Alton C. Todd in Friendswood will be representing the plaintiff.

The case has been assigned to Judge Bob Wortham.

Case No. A189-266

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