Illinois Appellate Court
Civil Court
Federal Employers Liability Act
Plaintiff alleged he was injured during course of his employment with railway company pursuant to Federal Employer's Liability Act (FELA). Court properly dismissed Plaintiff's second filed complaint, which was filed within 1 year of voluntary nonsuit. Illinois savings statute tolls statute of limitations only where statute of limitations is set by Illinois law. FELA limits time to commence action to 3 years from day cause of action accrued. Plaintiff failed to prove by clear and convincing evidence that Plaintiff was justifiably misled into good-faith belief he could file his complaint within 1 year after voluntary dismissal, even though Court order stated that Plaintiff could refile within 1 year and that dismissal was without prejudice; thus, no equitable tolling. (FITZGERALD SMITH and COBBS, concurring.)