KCS in trial over train wreck injury

David Yates Nov. 28, 2011, 7:52am

Jury selection has begun in litigation brought by Waylon Nalley, a Kansas City Southern Railway employee who sued the company for back and neck injuries he received in a train collision.

As previously reported, Nalley filed his suit Dec. 30, 2010, in Jefferson County District Court under the Federal Employers Liability Act.

A year later, jury selection began on Nov. 28 in Judge Donald Floyd's 172nd District Court.

The original petition states that on Nov. 12, 2008, Nalley was working for KCS in its Beaumont yard when two locomotives rammed into a cut of rail cars, causing him to injure his neck, shoulders and lower back.

However, according to a motion for summary judgment filed Sept. 22, KCS argues that Nalley caused the collision because he was under the influence barbiturates (sedatives) and failed to do his job as a point man and give the engineer proper instructions.

Conversely, 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.

Germer Gertz attorney Mitchell Smith of Beaumont represents KCS.

Case No. E189-047

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