David Yates Apr. 29, 2013, 3:47pm

A suit alleging Union Pacific Railroad should have provided a comprehensive ergonomics program to prevent repetitive injuries has been slated for trial in September.

Under the Federal Employer’s Liability Act, Wayne Rogers, a Harris County resident, filed suit against UPR on April 28, 2011, in Jefferson County District Court.

Court records show that on Feb. 15 the parties filed a motion for preferential trial setting, asking that the trial date be set for Sept. 16.

A week later, Judge Bob Wortham, 58th District Court, granted the motion and entered an agreed discovery control plan order in the case.

Rogers, in his suit, says UPR employed him as a locomotive engineer. No dates, however, are given for his employment.

The suit accuses UPR of negligently failing to implement a comprehensive ergonomics program, provide him with an air ride seat and warn him of the of the repetitive trauma he would suffer.

Rogers claims his spine is permanently injured because of his employment, court papers say.

He is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Gilbert T. Adams represents him.

Attorney Mainess Gibson of the Houston law firm Connelly Baker Wotring represents the railroad.

Case No. A189-904

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