A railroad foreman has filed a lawsuit against KCS railroad after he suffered severe and disabling head injuries when a broken rail hit him in the head.
George W. Winters filed suit against The Kansas City Southern Railway Co. on Nov. 11 in federal court in New Orleans.
The accident occurred on Dec. 17, 2009, while Winters was employed by KCS as a section foreman. He states his crew was removing broken rail when the boom of the crane struck the ball of the rail still in the rack of the KCS section truck, which caused it to roll over the forks of the rack and plummet toward the ground. Winters was struck and suffered severe injuries to his head, neck and back, the suit says.
Winters is seeking damages for physical pain and suffering, mental anguish, lost wages, loss of earnings and diminished earning capacity, unpaid medical expenses, interest and court costs.
Winters is represented by Blake G. Arata, Jr., C. Perrin Rome, III and W. Chad Steely of Rome, Arata, Baxley & Stelly in New Orleans.
U.S. District Judge Martin L. C. Feldman is assigned to the case.
Case No. 2:11-cv-02807