BEAUMONT - The Kansas City Southern Railway Company was recently non-suited from a $1 million lawsuit alleging it was responsible for injuries a local man sustained during a rail yard collision.

Kerry L. Thomas filed a lawsuit Sept. 17, 2015, in Jefferson County District Court against The Kansas City Southern Railway Company (KCSRC), alleging negligence.

Thomas alleged that he was employed by KCSRC at the time and was injured when he was thrown off or jumped off a moving rail car in a collision during switching operations in a poorly lit rail yard.

On Feb. 16, Thomas filed a notice of non-suit without prejudice, court records show.

Court records also show that KCSRC had filed a notice of appeal a day prior to the non-suit and then moved to dismiss the appeal the day after the notice was filed.

Thomas alleged KCSRC was negligent in failing to provide a safe place to work, failing to follow applicable rules and regulations, failing to provide adequate lighting, and failing to comply with industry standards, among other negligent acts or omissions.

As a result of the company’s negligence, he allegedly sustained injuries to his right shoulder and back.

Thomas is represented by attorney Bristol Baxley of Rome, Arata & Baxley in Pearland.

KCSRC is represented by attorneys Toby Nash and Mitchell Smith.

Jefferson County District Court case number E-197566.

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Jefferson County District Court
1085 Pearl Street
Beaumont, TX - 77701

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