Campbell V. Grand Trunk Western Railroad Company

Robert E. Campbell has sued his former employer, Grand Trunk Western Railroad Company ("Grand Trunk"), pursuant to the Federal Employers Liability Act, 45 U.S.C. § 51, et seq. ("FELA"), for injuries he claimed to have sustained while working as a rail car repairman for Grand Trunk. The district court granted summary judgment based upon the defendant's argument that Campbell's claim is barred by FELA's three-year statute of limitations. The district court granted the motion, finding that the facts, when viewed in a light most favorable to Campbell, supported its conclusion that the cause of action began to accrue some time prior to September 4, 1995, three years before the date of filing of the lawsuit. The district court also denied Campbell's motion for additional discovery and an amended scheduling order. Campbell filed this appeal in a timely fashion. We shall AFFIRM the decision of the district court.