Scott v. Union Tank Car Co.

HOFFMAN, Judge.

Prentice Scott was an employee at will of Union Tank Car Company for a period of *993approximately five years ending on August 26, 1974, the date of Scott’s dismissal. On October 6, 1976, over two years later, Scott filed suit against Union, alleging that he had been discharged in retaliation for filing á Workmen’s Compensation claim. However, Union’s motion to dismiss the suit on the ground that it was barred by the statute of limitations (IC 1971, 34-1-2-2 (Burns Códe Ed.)) was granted by the court below.

Scott argues on appeal that his claim sounded in contract, not in tort, and…