David Yates Jun. 26, 2013, 1:47pm

Kansas City Southern Railway Co. has been dismissed from a personal injury lawsuit brought by Kenneth Setliff.

As previously reported, Setliff tripped while switching railcars and filed suit against KCSR on May 10, 2012, in Jefferson County District Court. His suit alleges the railroad failed to provide him with a safe place to work.

Court records show that on March 14 an agreed motion to dismiss was filed, stating the claims have been resolved and settled.

Four days later, Judge Gary Sanderson, 60th District Court, dismissed the defendant with prejudice.

The lawsuit alleged that 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 did not describe the “unsafe footing conditions” that caused him to trip but did allege KCSR negligently failed to provide Setliff with a safe workplace.

He was 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 represented the plaintiff.

Germer Gertz attorney Toby Nash of Beaumont represented the defendant.

Case No. B192-432

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