BNSF seeks to remove employee's personal injury suit from Galveston Co.

John Suayan, Galveston Bureau Jun. 13, 2013, 2:41pm

GALVESTON - BNSF Railway Co. seeks to remove an employee's personal injury lawsuit against it from Galveston County, recent court records show.

A motion to transfer venue was submitted into Bobby Lee Seldon's suit on May 20, asking the Galveston County 212th District Court to hand the case over to either Tarrant County or Bell County.

Seldon sued BNSF on July 6, 2012, on allegations the company never disclosed to him that he was at risk of suffering severe carpal tunnel syndrome in his right hand.

The plaintiff says that he currently suffers from carpal tunnel syndrome as a result of his work with the railroad for an unspecified amount of years, of which he learned during a doctor's visit on April 9, 2010.

According to the suit, Seldon thought the pain he originally experienced "to be part of the natural aging process and not related to any injury or condition."

He further claims he was required to undergo regular physical examinations conducted by physicians brought in by the defendant to determine his fitness for his job, stating he “was never told at any of these required physical examinations that he had any problem with his upper extremities and he was never taken out of service or limited in his work capacity in any way.”

Meanwhile, BNSF formally contests the litigation.

It wants the suit heard in Tarrant County because it is home to its principal office while Bell County is its other venue of choice since Seldon resides there.

The complainant did not work in Galveston County, the six-page motion adds.

Attorney Douglas W. Poole of McLeod, Alexander, Powel & Apffel in Galveston is representing the defendant.

Case No. 12-CV-1475

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