Former employee non-suits KCSR

David Yates Jun. 1, 2011, 7:55am

After nine months of litigation, Kansas City Southern Railway has been non-suited by a former employee.

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

Seven months later, Evans filed a motion for non-suit on March 23, court records show.

The following day, Judge Bob Wortham, 58th District Court, ordered KCS be dismissed from the suit without prejudice.

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

Houston attorney Mark Berry represented him.

KCS was represented by Germer Gertz attorney Mitchell Smith.

Case No. A187-437

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