Judge Says Limitation Period Resumes after Plaintiff's Abandonment

NEW ORLEANS - A Louisiana plaintiff's limitation period began to run again following his abandonment of a workplace exposure lawsuit despite no formal judgment, a federal judge has ruled in dismissing the plaintiff's second-filed and nearly identical case. O'Quinn v. Illinois Central Railroad Co., No. 06-9208 (E.D. La.).

Judge Jay C. Zainey of the U.S. District Court for the Eastern District of Louisiana said on Feb. 14 that John W. O'Quinn's October complaint was filed outside of Louisiana's three-year limitation period for Federal Employer's Liability Act (FELA) actions.

O'Quinn alleged that Illinois Central Railroad Co. (ICRR) exposed him to toxic …