David Yates Feb. 5, 2013, 8:41am

Kansas City Southern Railway Co. is accusing a personal injury plaintiff of engaging in a “fishing expedition” and is seeking a protective order to block the “harassing” act.

As previously reported, on Aug. 24 railroad worker Jerrod Mattox filed suit against his employer, KCSR, in Jefferson County District Court for a knee injury he suffered while on the job.

Court records show that on Jan. 29, KCSR filed a motion to quash and for protective order, asserting Mattox was seeking production of documents not related to his injury.

“The discovery requests are overly broad, harassing and constitute an impermissible fishing expedition as they are not reasonably limited in either scope or time to the issues raised in this lawsuit,” the motion states.

KCSR maintains the only relevant area at issue in the case involves the incident that caused the injury.

According to the lawsuit, on June 15 Mattox was attempting to align a dangerous railroad switch, while in the course and scope of his employment with KCSR, when he injured his left knee and other parts of his body.

His injury was aggravated by dangerous footing conditions in the workplace, the suit states.

The suit accuses KCSR of negligently failing to provide Mattox with a safe workplace and sufficient manpower, and also failed to adequately train and supervise him.

Seeking more than $50,000 in damages, the plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Attorney Jerry Easley of the Pearland represents him.

Germer Gertz attorney Toby Nash represents KCSR.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-941

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