Rather than go to trial, The Kansas City Southern Railway Company has opted to settle a personal injury lawsuit brought by an employee.

Seeking more than $1 million in damages, plaintiff Keenan Romar, an area resident, filed suit against KCS in Jefferson County District Court on June 10, 2015.

The case was set to go to trial on May 2 but settled beforehand, according to a courthouse official.

According to the suit, the plaintiff was riding or hanging onto a locomotive on or about May 17, 2015 which derailed, shook, jolted and/or moved abruptly, leading to shoulder and general bodily injury.

Romar claims the incident aggravated a pre-existing condition.

The suit states that the plaintiff’s injury was due at least in part to the defendant’s negligence. The grievance argues that KCS failed to comply with industry standards, follow safe procedures and regulations, provide safe equipment and tools, and properly instruct, train and supervise personnel.

Romar was suing for loss of wages and earning capacity, pain, suffering and impairment, disfigurement, and medical expenses.

Claiming violation of the Federal Employers’ Liability Act (FELA), he sought over $1 million in compensation, post-judgment interest, attorney’s fees, expenses, and costs.

Attorney Bristol Baxley of Rome, Arata & Baxley in Pearland, represents him.

Judge Milton Shuffield, 136th District Court, presided over the litigation.

Jefferson County District Court Case D-197228

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