Union Pacific Railroad has been denied summary judgment in a repetitive trauma case brought by Frank Tucker.
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 Feb. 13 UPR filed a motion for summary judgment, arguing that the statute of limitations on Tucker’s claim lapsed.
However, on April 9 Judge Donald Floyd, 172nd District Court, found in Tucker’s favor and denied the motion, finding that his petition was filed within three years of his alleged acute trauma injury.
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.
The case is slated for trial sometime in November 2013.
Case No. E189-903