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Railroad Conductor Sues Major Rail Company Over Negligence Leading to Train Collision

SOUTHEAST TEXAS RECORD

Saturday, February 15, 2025

Railroad Conductor Sues Major Rail Company Over Negligence Leading to Train Collision

State Court
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District Courts of Harris County | Official website

Michael Burks has filed a lawsuit against Union Pacific Railroad Company, alleging negligence that led to a train collision resulting in his severe injuries. The complaint was filed on February 7, 2025, in the District Court of Harris County, Texas, by Michael Burks against Union Pacific Railroad Company.

The case revolves around an incident that occurred on December 6, 2024, when Michael Burks was working as a conductor for Union Pacific in Baytown, Texas. According to the petition, while operating a train near Thompson Road and N. Battlebell Road, Burks's engine collided with stationary railcars left idling on the same track. Burks claims that Union Pacific's negligence is solely responsible for the collision and his subsequent injuries. "Nothing Mr. Burks could have reasonably done could have prevented the collision," states the petition. It further alleges that despite repeatedly communicating with Union Pacific personnel about track conditions and announcing his engine's location over radio channels, no warnings were given about the stationary railcars.

Burks accuses Union Pacific of failing to provide a safe working environment as required under the Federal Employers’ Liability Act (FELA), citing multiple instances of negligence such as not warning him of unsafe conditions or providing adequate assistance and training. Following the accident, Union Pacific terminated Burks’s employment despite his six-year tenure without any prior disciplinary issues. The lawsuit details how this termination compounded his difficulties after sustaining physical injuries to his back and shoulder and suffering mental anguish due to traumatic stress from the incident.

In seeking redress from the court, Michael Burks demands monetary relief exceeding $1 million for damages including past and future physical pain and suffering, mental anguish, lost earnings and benefits, loss of future earning capacity, medical expenses, physical impairment or disability, and loss of enjoyment of life. The plaintiff seeks judgment against Union Pacific Railroad Company for these damages along with post-judgment interest and all court costs.

Representing Michael Burks are attorneys from Doyle Dennis Avery LLP: Michael Patrick Doyle (State Bar No. 060956502), Patrick M. Dennis (State Bar No. 240457), Jeffrey Avery (State Bar No. AO85185), C. Patrick Boyle (State Bar No. 24116301), along with Sara Youngdahl from The Youngdahl Law Firm P.C., State Bar No. 24010504. The case is being presided over in Harris County District Court under Case ID: 2025-08513.

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