Klancir v. BNSF Railway Company
40 N.E.3d 438
Ill. App. Ct.2015Background
- Plaintiff Stephen J. Klancir suffered a work-related injury on January 6, 2009 and filed a FELA suit on June 24, 2009 (FELA has a 3-year statute of limitations).
- Trial was set for October 2012; Plaintiff’s counsel could not present a critical expert due to scheduling and elected to take a voluntary nonsuit on October 23, 2012 to refile and seek a "fast track" trial setting.
- The court entered an order granting the nonsuit “without prejudice” and noting Plaintiff could refile within one year; Plaintiff refiled on October 21, 2013 and defendant was served February 26, 2014.
- Defendant moved to dismiss under 735 ILCS 5/2-619(a)(5) arguing the FELA limitations period expired January 6, 2012 and the Illinois saving statute (section 13-217) does not extend FELA claims; trial court granted dismissal with prejudice.
- Plaintiff argued equitable tolling/equitable estoppel should bar defendant from asserting the statute-of-limitations defense because defendant allegedly agreed (or acquiesced) that refiling would be allowed without prejudice for up to one year.
- The appellate court reviewed whether defendant’s statements and agreement to the “without prejudice” language amounted to clear and unequivocal evidence of a misrepresentation or waiver of the FELA limitation defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Illinois saving statute (735 ILCS 5/13-217) preserved Klancir’s FELA claim after nonsuit | Klancir: saving statute should allow refiling within one year | BNSF: FELA’s 3-year federal limitation governs; Illinois saving statute does not apply to FELA | Held: Saving statute does not apply to FELA; federal 3-year period controls |
| Whether equitable tolling/estoppel prevents BNSF from asserting the FELA statute of limitations | Klancir: BNSF misled him (agreed to “without any prejudice” and to “fast track”) so he reasonably relied and should be estopped | BNSF: statements only referred to fast-tracking; no agreement to waive statute; no misrepresentation | Held: Plaintiff failed to prove by clear and unequivocal evidence that BNSF misrepresented or concealed material facts; equitable estoppel not established |
| Whether defense counsel’s statements in court or agreement to order language constituted waiver of statute-of-limitations defense | Klancir: defense counsel’s assent and order language implied waiver | BNSF: assent was perfunctory and merely acknowledged plaintiff’s procedural right to nonsuit | Held: assent to "without prejudice" merely reflected plaintiff’s procedural right; not an express or implied waiver of federal limitation |
| Whether trial court’s dismissal under 2-619(a)(5) was proper | Klancir: dismissal improper because equitable estoppel/tolling should apply | BNSF: dismissal proper as claim was time-barred | Held: Dismissal affirmed; statute expired and no equitable estoppel/tolling applied |
Key Cases Cited
- Burnett v. New York Central R.R. Co., 380 U.S. 424 (court held state saving statutes cannot override a federal limitations period)
- Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231 (estoppel may apply where representations reasonably mislead plaintiff about time to sue)
- Williams v. Board of Review, 241 Ill. 2d 352 (distinguishes equitable tolling from equitable estoppel; estoppel focuses on defendant’s conduct)
- Noakes v. National R.R. Passenger Corp., 312 Ill. App. 3d 965 (Illinois court: section 13-217 does not protect refiling after FELA three-year limit)
- Case v. Galesburg Cottage Hospital, 227 Ill. 2d 207 (describes operation of Illinois saving statute allowing refiling within one year)