David Yates Oct. 28, 2013, 1:27pm

Kansas City Southern Railway is seeking summary judgment in litigation brought by area resident Anthony Mitchell, who sued the company for injuries he received when a ballast he stepped on gave way.

As previously reported, the suit was filed Jan. 31 in Jefferson County District Court.

Court records show that KCSR filed its motion on Oct. 21, asserting that enough time has passed for discovery and there is no evidence of alleged negligence.

“There is no evidence of the violation of any applicable federal track safety standard,” the motion states. “Accordingly, KCSR respectfully requests that this court grant its motion for summary judgment and dismiss plaintiff’s action with prejudice.”

A hearing on the matter has been slated for Nov. 15.

According to the lawsuit, on Dec. 9 Mitchell, a KCSR employee, was working at the company’s Port Arthur yard office when an improper rock/ballast underneath his foot gave way, causing him to injure his foot and ankle.

The suit accuses the defendant of negligently failing to provide a safe place to work and not complying with federal regulations.

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

Beaumont attorney Mitchell Smith of Germer PLLC represents the railroad.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E193-875

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