Motion for trial setting granted in suit over BNSF employee jumping off moving train

David Yates Mar. 13, 2013, 2:44pm

A motion for trial setting has been granted in a personal injury suit against BNSF Railway Co. 

As previously reported, Lessie Gardner, alleging she was forced to jump off a moving train, filed suit against BNSF on Feb. 17, 2012, in Jefferson County District Court, seeking to recover damages for injuries she received when she hit the ground.

Court records show that on Dec. 28 the parties filed a motion for trial setting.

On Dec. 31 and agreed docket control order was entered in the case, slating the litigation for a May 20 trial.

The lawsuit alleges that on Oct. 25, 2011, Gardner, while in the course and scope of her employment, injured her neck, back, arms and legs after being forced to jump off a moving train.

The suit does not state why Gardner was forced to jump, but does allege, however, that BNSF and its employees negligently failed to stop the train when instructed; failed to properly communicate with her; and failed to comply with federal law.

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

Friendswood attorney Clint McGuire represents her.

BNSF is represented by Galveston attorney Douglas Poole of McLeod, Alexander, Powel & Apffel.

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

Case No. B191-977

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