KANSAS CITY — A Mississippi railroad worker has filed a federal lawsuit in the U.S. District Court for the Western District of Missouri against the Kansas City Southern Railway Company, which is doing business as Canadian Pacific Kansas City, alleging the company’s negligence led to severe injuries he sustained while on the job in May 2023.
Patrick Henry, a resident of Waynesboro, Miss., filed the complaint.
The case arises under the Federal Employers’ Liability Act (FELA), a federal statute that allows railroad employees to seek damages for work-related injuries caused by their employer’s negligence.
Henry was employed by Kansas City Southern Railway Company (KCSR) as a Bridgeman on Gang 238, based out of Tupelo, Miss., when the incident occurred.
On May 19, 2023, while performing his regular duties in Baldwyn, Miss., Henry says he slipped in muddy conditions beneath a railroad bridge at milepost 299.15.
The complaint states that Henry was installing runners for scaffolding work when his foot suddenly slipped on an extremely slick surface, causing him to tumble about ten feet down a hill.
He landed on a pile of large boulders known as “rip-rap,” suffering a displaced fracture to his left femur along with multiple other injuries.
His coworkers reportedly had to use a boom truck to lift him from the rocky area and place him into a vehicle bed to transport him to a nearby crossing, where an ambulance arrived nearly an hour later.
Henry’s lawsuit details a series of serious injuries resulting from the fall, including trauma to his left leg, hip and femur, as well as injuries to his right hand, head, neck, chest, abdomen, back and teeth.
He also alleges lasting mental anguish and significant physical limitations. The complaint says he required emergency surgery for a comminuted and displaced femur fracture, underwent extensive therapy and pain management and remains under permanent work restrictions.
The filing accuses KCSR of numerous safety failures under its non-delegable duties as established by the FELA.
Among the allegations are that the company failed to provide Henry with a reasonably safe workplace; required him to work in unsafe, muddy and debris-strewn conditions; and failed to maintain or clear safe walking surfaces.
The complaint further claims KCSR did not adequately inspect or repair the worksite, failed to enforce safety procedures and did not supply sufficient safety equipment such as fall protection gear.
Additionally, Henry alleges the railroad neglected to warn him of hazards, provide proper training and supervision or follow applicable federal safety regulations and its own internal safety rules. He contends that these failures directly and proximately caused his injuries.
Henry claims that as a result of KCSR’s negligence, he has suffered permanent impairment and loss of physical ability, pain and suffering, mental anguish, loss of earnings and earning capacity and ongoing medical expenses.
He also cites loss of enjoyment of life and physical disfigurement among his damages.
The lawsuit seeks compensation for past and future physical pain and suffering, mental anguish, medical costs, lost wages, diminished earning capacity and other damages deemed reasonable by the court. Henry has requested a jury trial.
The case was filed in the Western District of Missouri, where KCSR maintains its principal place of business. The company operates as part of the transnational Canadian Pacific Kansas City network and conducts rail operations across several states, including Missouri and Mississippi.
Henry’s legal team includes attorneys W. Chad Stelly, Blake G. Arata Jr., and M. Ali Barnes of Rome, Arata, Baxley & Stelly in Metairie, La., and Richard F. Lombardo of Richard F. Lombardo of Kansas City.
The complaint was filed against The Kansas City Southern Railway Company, which is doing business as Canadian Pacific Kansas City, to be served through its registered agent, C T Corporation System, in St. Louis.
Henry asks the court to enter judgment against the company for all damages, attorney’s fees, court costs and any other equitable relief deemed appropriate.
U.S. District Court for the Western District of Missouri Western Division case number: 4:25-cv-00876
