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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

Kansas City South Railway employee alleges unsafe work place caused shoulder, foot injuries

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HOUSTON – A former train conductor alleges he had to take a lower-paying position after being injured at work and blames his injuries on his employer's alleged failure to provide him a safe place to work.

Clarice St. Junious filed a complaint on May 29 in the Houston Division of the Southern District of Texas against The Kansas City South Railway Co. citing the Federal Employers' Liability Act.

The plaintiff alleges he was employed by the defendant on Sept. 16, 2016, and was boarding the conductor's side of the train when the ballast gave way, causing his right foot to roll and making him have to grab hold of the hard rail, using his left arm. The plaintiff alleges he began to suffer pain immediately after the incident and reported his pain to the train master and the union representative as well as his supervisor. 

The suit states the plaintiff sought out emergency care and on Oct. 1, 2016, was found to have a sprain in his foot. The plaintiff alleges he saw another doctor on Oct. 3, 2016, and Oct. 4, 2016, for the sprain and got a steroid injection for pain in his left shoulder. The suit states the plaintiff had an MRI on Oct. 24, 2016, and started physical therapy and then on Nov. 9, 2016, had surgery for a left shoulder arthroscopic labral repair. 

The plaintiff alleges he reported back to work on Feb. 24, 2017, but had to take a lower-paying position due to his injury and inability to complete work as a train conductor. 

The plaintiff alleges that the defendant was negligent by allegedly failing to ensure that he was safe while at work and failing to take the necessary measures to prevent injury.

The plaintiff is seeking trial by jury, general and special damages, costs of the suit, fees and other relief deemed fit. The plaintiff is represented by Matthew R. Willis of Brent Coon and Associates in Houston.

Houston Division of the Southern District of Texas case number 4:19-CV-1904

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