Trial against UPR for employee's trip over uneven track set for March

David Yates Jan. 11, 2011, 3:59am

A trial date has been set in a lawsuit brought by Doucette resident Gerald West, who sued Union Pacific Railroad claiming he was injured while walking on uneven footing near train tracks.

West filed his suit Nov. 16, 2009, in Jefferson County District Court, alleging he injured his left ankle on Dec. 28, 2007, because of uneven footing along the track where he was assigned to work.

A year later, on Nov. 29, an amended agreed docket control order was entered, ordering that the parties accomplish the matters listed below on the following dates:

  • Case to be mediated on or before Feb. 15;
  • Pre-trial scheduled for Feb. 18;
  • And the trial shall be set for the month of March.

    In his suit, West alleges Union Pacific negligently failed to provide him with a safe place to work and failed to provide safe terrain on which to walk.

    West is suing for his alleged physical and mental pain and anguish, lost earnings and benefits and medical expenses.

    He is represented by David P. Wilson and Matthew C. Matheny of Provost Umphrey Law Firm in Beaumont.

    Union Pacific is represented by attorney Fred Wilson.

    Judge Bob Wortham, 58th District Court, is presiding over the litigation.

    Case No. A185-343

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