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VERBITSKI v. UNION PACIFIC R. CO.

No. CA 10-582.

380 S.W.3d 459 (2011)

2011 Ark. App. 6

Anthony VERBITSKI, Appellant v. UNION PACIFIC RAILROAD COMPANY, Appellee.

Court of Appeals of Arkansas.

January 5, 2011.

Attorney(s) appearing for the Case

James F. Swindoll , Little Rock, for appellant.

Joseph Patrick McKay , Martin A. Kasten , Little Rock, for appellee.

JOHN B. ROBBINS, Judge.

On June 22, 2007, appellant Anthony Verbitski filed suit against appellee Union Pacific Railroad Company under the Federal Employers' Liability Act (FELA). In his complaint, Mr. Verbitski alleged that during his employment with Union Pacific he was injured on three separate occasions as a result of appellee's negligence. Mr. Verbitski failed to serve Union Pacific with a summons and the complaint within 120 days as prescribed by Arkansas Rule...

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