Last week, Union Pacific Railroad and plaintiff Frank Tucker agreed on a discovery control plan order, setting the case for a late 2013 trial date.

As previously reported, Tucker filed suit against UPR on April 28, 2011, in Jefferson County District Court, alleging he was exposed to repetitive trauma throughout his employment.

On June 4 Judge Donald Floyd, 172nd District Court, signed off on the agreed discovery plan order, calling for the case to be mediated before Sept. 13, 2013 or face a trial sometime in November 2013.

Tucker worked for UPR for an unspecified time performing railroad work, according to his lawsuit.

"In the course of said work, plaintiff was repetitively exposed to unsafe working conditions and injured over the course of his employment," the suit states.

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.

Tucker 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.

UPR is represented by Houston attorney Mainess Gibson of Connelly Baker Wotring.

Case No. E189-903

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