KCSR puts blame on Kinder Morgan in FELA suit

David Yates May 14, 2013, 10:19am

Through the efforts of Kansas City Southern Railway, Kinder Morgan has been added to a lawsuit brought by Beaumont resident Dustin Kruse, who sued KCSR for injuries he received while flipping rail switches, which he alleges were poorly maintained.

As previously reported, the suit was filed Feb. 16, 2011, in Jefferson County District Court.

Court records sow that on March 4 the railway filed a motion for leave to file third-party petition, stating Kinder Morgan owned the facility where the incident occurred.

On March 12 Judge Milton Shuffield, 136th District Court, granted the motion.

The plaintiff was not opposed to the motion, court papers say.

According to his original petition, on May 15, 2010, Kruse “suffered injuries while in the course and scope of his employment for the defendant, KCSR.”

“The injuries … were caused by in whole or in part by the negligence of KCSR,” the suit states, adding that Kruse was in no way responsible for causing the incident.

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

Germer Gertz attorney Mitchell Smith of Beaumont represents KCSR.

Case No. D189-378

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