Michelle Keahey Aug. 29, 2013, 12:14pm

NEW ORLEANS - A switchman has filed a lawsuit against his employer claiming he suffered disabling injuries when a grab iron broke, causing him to fall and suffer a head injury.

Jonhnye Funez filed suit against The Kansas City Southern Railway Co. on Aug. 9 in federal court in New Orleans.

The alleged incident occurred on June 26, 2013 as Funez was working as a switchman in the course of his employment with KCS. As Funez was attempting to tie the handbrake on a railcar, the grab iron on the railcar broke and caused Funez to fall. When he fell, Funez struck the drawbar and pin lifter, and hit the ground. Funez states he was rendered unconscious and suffered disabling injuries to his head, back and neck.

The defendant is accused of negligence for failing to provide a reasonably safe place to work, failing to inspect, maintain, and repair its car and appurtenances, failing to provide Funez with safe equipment to perform his job safely, and for failing to warn Funez of unsafe conditions.

The plaintiff is seeking an award of damages for physical pain and suffering, mental anguish, lost wages, loss of wages and wage earning capacity, medical expenses, interest, and court costs.

Funez is represented by C. Arlen Braud, II of Braud & Gallagher in Mandeville and Sara Youngdahl of Youngdahl & Citti P.C. in Houston. A jury trial is requested.

U.S. District Judge Jane Triche Milazzo is assigned to the case.

Case No. 2:13-cv-05338

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