FELA Lawyer Sues Kansas & Oklahoma Railroad on Behalf of Texas Railroad Worker

April 13th, 2012 |

MCPHERSON COUNTY, KANSAS 9TH JUDICIAL DISTRICT – Railroad injury lawyer, Gordon, Elias & Seely, LLP, represent a 46-year old railroad worker from San Antonio, Texas, who was performing his duties as a conductor/engineer while in the employment of Kansas & Oklahoma Railroad, when he was caused to suffer physical injuries due to the negligence of Kansas & Oklahoma Railroad.

GENERAL
ALLEGATIONS:

On around or about November 8, 2009, Plaintiff was injured, while walking in the main yard, when he stepped in a “pot hole” that was created due to uneven ballast.

PLAINTIFF:

Plaintiff is an individual who resides in San Antonio, Texas.

INJURIES
SUSTAINED:

As a result of this incident, Plaintiff injured his left knee and underwent an arthroscopic surgery for medial meniscectomy and partial lateral meniscectomy with chrondoplasty of the patella. Due to continued pain and swelling, a repeat MRI was done showing a torn posterior horn of the medial meniscus. A revision left knee arthroscopy was recently done to perform a partial medial meniscectomy, chrondroplasty and related procedures.

DEFENDANT:

Kansas & Oklahoma Railroad LLC is a Kansas corporation who maintains a place of regular business in Wichita, Kansas.

VENUE:

This case was originally filed in the Eighteenth Judicial District Court of Sedwick County, Kansas. It was recently moved to the Ninth Judicial District Court of McPherson County, Kansas where it is currently pending.

COMMENTS:

A ballast is what forms the trackbed upon which railway sleepers or railroad ties are laid. It is packed around the ties, between and below. It is used to make the drainage of water possible and to distribute the load from the railroad ties. It is also used to keep vegetation down and from interfering with the track. The ballast also helps to hold the track in place as the trains pass by.

Three factors must be present for an injured railroad worker to collect damages against his employer under FELA.

• One – the employee must be injured while in the course of his employment. As long as he is in the course and scope of his employment it does not matter if he is on railroad property or not. The railroad employee is protected regardless of whether he is on railroad property.

• Second, the railroad must be engaged in interstate commerce. Mostly all of the duties of employees of interstate railroads are for interstate commerce.

• Third, it is required that any injury suffered by an employee be due to negligence on the part of the railroad.

FELA Lawyer News Blog is a railroad worker injury blog that publishes train accidents and FELA legal news from across the United States. The Federal Employers ‘Liability Act, (FELA) allows injured railroad workers to recover compensation based on the negligence of the railroad company, in lieu of workers’ compensation. FELA defines negligence as the railroad company’s failure to use reasonable care.