Kestner v. Missouri Pacific Railroad

CRIST, Judge.

Appellant (plaintiff) appeals a summary judgment in favor of respondent (railroad) in a Federal Employer’s Liability Act case. 45 U.S.C. § 51 et seq. (FELA). The trial court found the three-year statute of limitations governing FELA barred plaintiff’s cause of action. We find there was a question of fact as to whether the three-year statute of limitations was a bar and reverse and remand.

In January 1988, plaintiff sued for personal injuries sustained while working for a railroad from 1949 to September 1986. He alleged that in the performance of his duties as a maintenance of way…