McKinney v. CSX Transportation, Inc.

Goolsby, Judge:

This action arises under the Federal Employers’ Liability Act (FELA), 45 U. S. C. §§ 51 et seq. (1982). The appellant, J. LaMar McKinney, filed the present action against the respondent, CSX Transportation, Inc., and other defendants, after having taken a voluntary dismissal without prejudice in an earlier suit filed against the same defendants and based on the same cause of action. The trial court held the present action barred by the FELA’s three-year statute of limitation. The sole issue on appeal is whether the FELA’s limitation period was tolled during the pendency of the…