SE Texas Record

Saturday, December 14, 2019

Rail conductor sues KCS for slippery slope injury

By Carol Ostrow | Jun 9, 2015

A Bonham resident brought a lawsuit against his employer for alleged negligence in 2014.

George Steven Wallace filed against The Kansas City Southern Railway Company in Marshall Division of the Eastern District of Texas on June 5, claiming liability in a May 2014 workplace incident.

According to the suit, Wallace was injured while performing work duties as a coal train conductor on May 11, 2014. Specifically, a dispatcher informed Wallace and his engineer that a car on their train was on fire and instructed them to stop the train and inspect it.

The suit states that when Wallace used a side ladder, a grab iron broke free and caused the plaintiff to fall several feet to the ground into loose ballast on a steep incline. Wallace allegedly slid down the hill, sustaining back, neck, shoulder and other injuries.

The complaint cites the defendants with negligence and failure to provide a safe workplace. The plaintiff claims that KCS failed to inspect, maintain and repair the train car; provide adequate manpower, safe equipment, procedures and instruction; and warn the plaintiff of hazards.

Wallace cites pain, suffering, and mental anguish; impairment and discomfort; disfigurement; lost wages and earning capacity, and medical expenses.

Seeking over $75,000 in compensation for punitive damages, pre- and post-judgment interest; attorney’s fees; expenses, and costs, the plaintiff is represented by Bristol Baxley of Rome, Arata & Baxley in Pearland, Texas; and Blake G. Arata Jr., C. Perrin Rome III and W. Chad Stelly of New Orleans.

Marshall Division of the Eastern District of Texas Case 2:15-cv-00947-JRG-RSP

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