Phillips v. Union Pacific Railroad

Larry D. Vaught, Judge.

Appellant Robert Phillips appeals the trial court’s decision that the five-year statute of limitations for written contracts barred his breach of contract action against Union Pacific Railroad. He contends on appeal that his complaint was timely filed because the statute of limitations was tolled by partial payment or, alternatively, that the statute of limitations applied by the trial court in this case was not applicable because of the implication of a federal statute. We disagree, and we affirm the judgment.

In 1989, Phillips settled a Federal Employers’ Liability Act…