Townsend v. Union Pacific Railroad

AHRENS, Presiding Judge.

Plaintiff, Jimmy Townsend, appeals from the trial court’s dismissal with prejudice of his FELA claim against his employer, Union Pacific Railroad Company. Plaintiff contends on appeal that the trial court abused its discretion. We affirm.

Plaintiff filed an action in August 1993 against his employer, Union Pacific Railroad Company, under the Federal Employees Liability Act (FELA), 45 U.S.C. sections 51-60, for injuries he suffered at work. After several continuances, the trial court set the case on its February 24,1997 trial docket. In late December 1996, plaintiff’s…