Parham v. Norfolk Southern Railway Co.

Andrews, Judge.

Parham, injured while working for Norfolk Southern, appeals the dismissal of his FELA action against the railway, based on the FELA statute of limitations, 45 USCA § 56.

Parham was injured on December 6, 1987, and filed his FELA action in Fulton State Court on November 29, 1990, within the three-year statute. On March 19, 1991, Parham filed his voluntary dismissal of that suit under OCGA § 9-11-41 (a). On August 21, 1991, Parham filed the identical lawsuit in the same court, contending that this was a renewal suit, pursuant to OCGA § 9-2-61 (a).

Section 56 provides that “[n]o…