HOUSTON – A switchman for a railroad company alleges he was injured when the train he was on struck a backhoe that was fouling the tracks.
Jeffrey Andrews filed a complaint on Oct. 8 in the Harris County District Court against Toddco Construction LLC and LJA Infrastructure Inc. alleging negligence.
According to the complaint, on either Feb. 12 or Feb. 13, the defendants parked a backhoe fouling the railroad tracks at First Industrial Realty Trust's facility in Houston. At 2 a.m., the plaintiff was working as a switchman on a Port Terminal Railroad Association train traveling on the tracks and the train struck the backhoe. The suit states the plaintiff was crushed between the train and the backhoe and thrown from his position.
He alleges he sustained injuries to the head, neck, back, shoulder, arm and leg and incurred medical expenses and lost wages as a result of the collision.
The plaintiff holds Toddco Construction LLC and LJA Infrastructure Inc. responsible because the defendants allegedly negligently created the dangerous condition by fouling live railroads tracks with a backhoe and failed to give notice of the unreasonably dangerous condition.
The plaintiff seeks monetary relief of more than $1 million and such other and further relief to which he may be justly entitled. He is represented by Clint E. McGuire of Martinez & McGuire PLLC in Houston.
Harris County District Court case number 2018-71855