BNSF demands jury trial in injury suit

David Yates Mar. 21, 2012, 7:00am


BNSF Railway is demanding a jury trial in a suit filed by an employee claiming the repetitive trauma he suffered could have been prevented if the company implemented an ergonomics program.

As previously reported, Ricky Welborn filed suit against BNSF on Jan. 25 in Jefferson County District Court.

Court records show that on Feb. 21 BNSF answered the suit, asserting Welborn failed to report he was experiencing any pain or discomfort.

That same day, BNSF also submitted a demand for a jury trial.

Welborn claims he was repetitively exposed to unsafe work conditions and injured throughout the course of his employment with BNSF, the suit states.

The suit alleges that BNSF negligently failed to follow the recommendations of the American Association of Railroads ergonomics studies performed in the late 1980s and early 1990s.

Welborn's alleged injuries include nerve, tissue and bone damage to his left shoulder and surrounding areas.

He is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Attorney Steven Groves of the St. Louis, Mo., law firm Holland, Groves, Schneller & Stolze and Friendswood attorney Clint McGuire represent Welborn.

Galveston attorney Douglas Poole of McLeod, Alexander, Powel & Apffel represents BNSF.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E191-801

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