FELA Lawsuit

On Oct. 1, 2006, Robert Vail, a Kansas City Southern Railway employee, was working for the railroad when he slipped and tripped, twisting his leg while “walking down some steps when exiting the locomotive.” A few weeks later, on Oct. 20, 2006, Vail twisted his leg while attempting “to set a hand brake on the rail car.”

Vail is suing KCS over the two separate slip-and-fall incidents. He claims that to the extent that he suffered from a pre-existing condition, the injury of Oct. 1, 2006, the injury of Oct. 20, 2006 aggravated and exacerbated his condition and made it significantly worse.

The suit claims KCS failed to provide Vail with a safe place to work. Citing the Federal Employers’ Liability Act (FELA), Vail filed his suit in the Jefferson County District Court on Nov. 5.

Vail claims his injuries were due to KCS’s negligence. The suit lists the following acts of negligence:
- Defendant KCS failed to provide Plaintiff with a safe place to work;
- Failed to provide proper lighting; failed to safely inspect, repair, and maintain;
- Failed to warn Mr. Vail;
- Failed to establish and enforce proper safety procedures;
- Failed to follow applicable rules, regulations, codes and industry standards;
- And failed to properly instruct, supervise and train.

“Plaintiff’s injuries and/or aggravation, as set out above, was due in whole or in part, to defendant’s violation of federal statutes and regulations,” the suit said. “Specifically, the locomotive and rail car in question were not in compliance with the Locomotive Inspection Act and the Safety Appliance Act.”

Vail is suing for physical pain, suffering, mental anguish, lost earnings impairment and disfigurement in the past and future.  For more information, contact the FELA Attorneys at Williams Kherkher at 1.800.220.9341.