Skender v. Union Pac. R.R. Co.
2017 Ark. App. 649
| Ark. Ct. App. | 2017Background
- Brian Skender, a Union Pacific Railroad (UPRR) employee, was injured while working at a UPRR repair track in Pine Bluff, Arkansas and filed a FELA complaint in 2013.
- UPRR moved to dismiss after the statute of limitations ran, arguing the 2013 summons was fatally deficient; the circuit court agreed but dismissed without prejudice relying on Arkansas’s savings statute.
- On appeal, this Court affirmed that the original summons was deficient and held the savings statute did not apply to FELA actions; the case was remanded for findings on equitable tolling and whether dismissal should be with prejudice.
- While the appeal was pending, Skender refiled a FELA complaint in 2015 asserting tolling; UPRR denied tolling and liability.
- On remand the circuit court found Skender failed to show diligence or extraordinary circumstances and denied equitable tolling, dismissing both the 2013 and 2015 complaints with prejudice.
- The Court of Appeals could not reach the merits of Skender’s appeal because Skender’s appellate addendum omitted the pleadings and related documents from the 2013 action, and the court ordered a supplemental addendum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling applies to save Skender’s FELA claim | Skender contends the statute was tolled due to prior dismissal and procedural defects; he sought tolling to permit refiling | UPRR argues no tolling applied and that the refiling is untimely | Court found Skender failed to show diligence or extraordinary circumstances; equitable tolling denied |
| Whether the 2013 summons was fatally defective | Skender argued the summons was sufficient | UPRR argued summons was fatally deficient | Prior opinion affirmed the summons was fatally deficient |
| Whether Arkansas’s savings statute applies to FELA actions | Skender (via circuit court) relied on the savings statute to avoid prejudice | UPRR argued the savings statute is inapplicable to FELA claims | Court of Appeals held the savings statute does not apply to FELA actions (remanded on tolling issue) |
| Whether the appeal can be decided given the record | Skender submitted an addendum missing 2013 pleadings and related documents | UPRR relied on the existing record and prior appeal record | Court ordered a supplemental addendum because the appellate addendum was deficient; merits not reached until supplemented |
Key Cases Cited
- Clouse v. Tu, 101 Ark. App. 260, 274 S.W.3d 260 (Ark. Ct. App. 2008) (discussing application of Arkansas savings statute)
- Union Pac. R.R. Co. v. Skender, 489 S.W.3d 176 (Ark. Ct. App. 2016) (prior appellate decision addressing summons defect and remanding for equitable-tolling findings)