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McKinney v. CSX Transportation, Inc.
Citations: 378 S.E.2d 69; 298 S.C. 47; 1989 S.C. App. LEXIS 22Docket: 1298
Court: Court of Appeals of South Carolina; March 6, 1989; South Carolina; State Appellate Court
J. LaMar McKinney filed a lawsuit against CSX Transportation, Inc. and other defendants under the Federal Employers' Liability Act (FELA) following injuries sustained in a van accident on May 25, 1982. After initially filing the action on October 31, 1984, the case was placed on the inactive docket for two years. When the case was restored to the active docket and set for trial on July 13, 1987, McKinney requested a continuance, citing ongoing recovery concerns. The trial court denied the continuance but allowed a voluntary dismissal without prejudice. McKinney refiled the identical action on July 21, 1987, only to have CSX move for judgment on the pleadings, arguing that the FELA's three-year statute of limitations barred the new suit. The trial court agreed and dismissed the case. McKinney contended that the statute of limitations should have been tolled during the pendency of his first action, citing the Supreme Court's decision in Burnett v. New York Central Railroad Co., which tolls the FELA limitation period for cases dismissed for improper venue. However, the court found McKinney's reliance on Burnett misplaced, as that case involved unique circumstances regarding venue transfer procedures that did not apply in South Carolina. Consequently, the court affirmed the dismissal of McKinney's action based on the expiration of the three-year limitation period under FELA. In International U. U.A. A. A.I.W. v. Hoosier C. Corp., the court examined the application of the FELA's three-year statute of limitations in the context of a voluntary dismissal by the plaintiff, McKinney. The court distinguished McKinney's situation from that of the plaintiff in Burnett, who did not "sleep on his rights" due to circumstances beyond his control. McKinney, however, chose to dismiss his case after more than five years post-accident, thereby effectively abandoning his claim and allowing the limitation period to continue unabated. The court held that the FELA's statute of limitations is not tolled when a plaintiff voluntarily dismisses their case and is not ready for trial. Furthermore, the court referenced similar cases, noting that a dismissal without prejudice does not affect the running of the statute of limitations. Consequently, since McKinney's action was filed after the three-year limit had expired, his claim was barred. The court also noted that McKinney abandoned certain exceptions in his appeal. The judgment was affirmed with concurrence from Justices Shaw and Bell.