Rail worker trips while switching cars, sues KCSR

David Yates May 15, 2012, 2:17am

After tripping while switching railcars, Kenneth Setliff has filed suit against Kansas City Southern Railway, alleging the defendant failed to provide him with a safe place to work.

The suit was filed May 10 in Jefferson County District Court.

According to the lawsuit, on Dec. 28, 2011, Setliff, while in the employment of KCSR, was switching cars when he "tripped due to unsafe footing conditions," injuring the right side of his body.

The suit does not describe the "unsafe footing conditions" that caused him to trip but does allege KCSR negligently failed to provide Setliff with a safe workplace.

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

Pearland attorney Jerry Fasley of Rome, Arata & Baxley represents the plaintiff.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B192-432

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