Injured worker seeks to compel discovery with UPR

Plaintiff Frank Tucker has filed a motion to compel in his personal injury suit against Union Pacific Railroad.

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.

Court records show that on Sept. 7 Tucker field a motion to compel regarding opening request for production, asserting that UPR has not been complaint with his discovery requests.

Tucker is asking the court to overrule UPR’s objections and require the defendant to provide prompt and full compliance.

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.

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.

Case No. E189-903