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BERLEN v. CONSOLIDATED RAIL CORP.

291 N.J. Super. 542 (1996)

677 A.2d 1150

NICHOLAS A. BERLEN, PLAINTIFF-APPELLANT, v. CONSOLIDATED RAIL CORPORATION, A CORPORATION OF THE STATE OF PENNSYLVANIA AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1996.

Attorney(s) appearing for the Case

William P. Wielechowski argued the cause for appellant (Horn, Shechtman & Hirsch, P.A., attorney; Mr. Wielechowski on the brief).

James Savage argued the cause for respondent (Ruprecht & Hart, attorneys; Mr. Savage, of counsel and on the brief).

Before Judges SKILLMAN and EICHEN, JJ.

The opinion of the court was delivered by EICHEN, J.A.D.

Plaintiff appeals a summary judgment in favor of defendant in a Federal Employers' Liability Act case, 45 U.S.C.A. §§ 51 to 60 (FELA). Plaintiff contends that the Law Division judge erred in concluding as a matter of law that his claims under the FELA were time-barred by the three-year statute of limitations provision in the FELA, 45 U.S.C.A. § 56. We agree and reverse the dismissal...

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