The plaintiff filed a voluntary nonsuit with regard to his first complaint, then filed a second complaint within one year of the voluntary nonsuit. The Court dismissed the plaintiff's second filed complaint. The Appellate Court affirmed.
The Appellate Court held that the 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. The plaintiff failed to prove by clear and convincing evidence that he 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 applied.