Kansas City Southern Railway Company has had allegations of negligence via a lawsuit dropped. The lawsuit was filed with the Jefferson County District Court of Texas on May 10, 2012 after Kenneth Setliff tripped and injured himself while switching railcars in late December of 2011. He claims the company failed to provide a safe work environment. In March of this year, an out-of-court settlement had been reached. However, four days after the decision, Judge Gary Sanderson dismissed the case under grounds of prejudice.
Despite Setliff claiming that his injury was due to unsafe footing, the allegation was not described in the lawsuit itself. He had been suing for loss of wages, mental anguish, pain, impairment, disfigurement and court costs.
For any company or insurer facing a lawsuit, we stress the importance of ensuring the lawsuit names and describes the situation in full. Lack of certain details can result in a dropped lawsuit as the KCSR saw in their case. If the suit proceeds, a skilled team of insurance defense attorneys will serve your best interests.
If you are a company or insurer facing a lawsuit under questionable means, contact our firm, Roerig, Oliveira & Fisher, LLP of Texas, at 956.393.6300 for our McAllen office, or 956.542.5666 for our Brownsville office.