Legal Opinion
Danny P. Emmons v. Southern Pacific Transportation Company
Court of Appeals for the Fifth Circuit
Decided April 7, 1983No. 80-4012PublishedCited by 76 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
This is an appeal from a judgment dismissing appellant’s cause of action brought under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51 et seq., because it was barred by that act’s three-year statute of limitations, 45 U.S.C. § 56. The primary question is whether appellant knew that his injury was work related more than three years before he filed suit against appellee. We hold that there is sufficient evidence to support the trial court’s finding that appellant’s cause of action was barred by limitations. The trial court’s judgment is therefore affirmed.
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2Cases cited22 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Urie v. ThompsonSupreme Court of the United States · 1949
- John I. Calamia v. Price Spivey, Administrator of Seafarers Welfare and Pension PlanCourt of Appeals for the Fifth Circuit · 1980
- Donald D. Fletcher v. Union Pacific Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1980
17 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Ronald Sweatt v. Union Pacific Railroad CoCourt of Appeals for the Seventh Circuit · 2015
- David J. Fries v. Chicago & Northwestern Transportation CompanyCourt of Appeals for the Seventh Circuit · 1990
- Dale R. Kichline v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1986
- Kathleen Dubose v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 1984
- Youren v. Tintic School DistrictCourt of Appeals for the Tenth Circuit · 2003
71 more not listed; retrieve them via the Exa API.