Michelle Keahey, East Texas Bureau Aug. 19, 2013, 3:34pm

MARSHALL - After a train ran over his foot, a railroad worker has filed a lawsuit against his employer for failing to provide a safe place to work.

Matthew Montgomery filed suit against the Kansas City Southern Railway Co. on Aug. 18 in the Eastern District of Texas, Marshall Division.

The incident occurred on Aug. 5, 2013, while Montgomery was working for KCS and his foot was run over by a train.

The defendant is accused of violating the Safety Appliance Act and Federal Railroad Safety Act and negligence for failing to provide a safe place to work and walk; failing to provide reasonably safe tools, equipment and appurtenances; failing to warn; failing to safely inspect, repair and maintain; failing to establish and enforce proper safety procedures; failing to provide adequate manpower; failing to properly instruct, train and supervise; and failing to follow applicable rules, regulations, codes and industry standards.

The plaintiff is seeking an award of damages for physical and mental pain, suffering and anguish, lost wages and benefits, loss of earning capacity, medical expenses, physical impairment and disfigurement, interest and court costs.

Montgomery is represented by Bristol Baxley of Rome Arata, Baxley & Stelly LLC in Pearland. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00620

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