Richard v. Union Pac. R.R. Co.Annotate this Case
Donnell Richard filed a complaint in the federal district court in Texas against Union Pacific alleging that, during the course and scope of his employment, he suffered physical injuries because of Union Pacific's negligence. Richard then filed a notice of nonsuit without prejudice, which the district court granted. Richard refiled his cause of action in the circuit court. Union Pacific moved to dismiss Richard's complaint. After finding that Richard's summons and service of summons was defective, the circuit court dismissed the case with prejudice, holding that in light of Richard's prior voluntary dismissal of his suit in Texas, the case should be dismissed with prejudice under Ark. R. Civ. P. 41 because the parties did not enter into a joint agreement regarding dismissal of the first complaint. The Supreme Court reversed the order of dismissal with prejudice, holding that the circuit court erred in its interpretation and application of the two-dismissal rule in Rule 41 to the facts of this case. Remanded.