Medical records sought in injury suit against KCSR

Kansas City Southern Railway is seeking the depositions of personal in charge of the medical records of Kenneth Setliff, a personal injury plaintiff. 

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

Court records show that on Nov. 7 KCSR filed a notice of intention to take the depositions of the custodian of records at Winnie Community Hospital for medical and billing records and radiology films.

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

He is 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 represents the plaintiff.

Germer Gertz attorney Toby Nash of Beaumont represents the defendant.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B192-432