White v. Union Pacific Railroad Co., No. 16-1958 (8th Cir. 2017)
Annotate this CaseIn 2012, plaintiff filed suit against Union Pacific under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq., alleging liability for a lower back injury. The Eighth Circuit affirmed the district court's judgment, holding that plaintiff's suit was time-barred because he should have known about his injury and its cause more than three years before filing suit. In this case, plaintiff, a locomotive engineer for Union Pacific, testified that in 2007 and 2008 he experienced recurring lower-back pain that he attributed to potholes in the tracks, and that this was the same pain for which he later sought medical treatment.
Court Description: Smith, Author, with Colloton and Kelly, Circuit Judges] Civil case - Federal Employer's Liability Act. Plaintiff should have known that rough tracks were causing his lower-back pain more than three years before he filed suit, and his action is time-barred.
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