CONSOLIDATED RAIL CORP. V. GOTTSHALL
512 U.S. 532 (1994)
NATURE OF THE CASE: Consolidated (D) appealed an order of the Appeals court that ordered
a trial in Gottshall's (P) witness and supervisor, action for negligent infliction of
emotional distress under Federal Employers' Liability Act.
FACTS: Gottshall (P) and Carlisle (P) each brought suit under FELA against their former
employer, D. Gottshall (P) was a member of a Conrail work crew assigned to replace a stretch
of defective track on an extremely hot and humid day. The crew was under time pressure, and
so the men were discouraged from taking scheduled breaks. They were allowed to obtain water
as needed. Two and one-half hours into the job, a worker named Richard Johns, a longtime
friend of Gottshall (P), collapsed. Gottshall (P) and several others rushed to help Johns,
who was pale and sweating profusely. They were able to revive him by administering a cold
compress. Michael Norvick, the crew supervisor, then ordered the men to stop assisting Johns
and to return to work. Five minutes later, Gottshall (P) again went to Johns' aid after
seeing his friend stand up and collapse. Realizing that Johns was having a heart attack,
Gottshall (P) began cardiopulmonary resuscitation. Norvick attempted to summon assistance,
but found that his radio was inoperative; unbeknownst to him, Conrail had temporarily taken
the nearest base station off the air for repairs. Norvick drove off and by the time he
returned with paramedics, Johns had died. The paramedics covered the body with a sheet,
ordered that it remain undisturbed until the coroner could examine it, and directed the crew
not to leave until the coroner had arrived. Norvick ordered the men back to work, within
sight of Johns' covered body. The coroner, who arrived several hours later, reported that
Johns had died from a heart attack brought on by the combined factors of heat, humidity, and
heavy exertion. The entire experience left Gottshall (P) extremely agitated and distraught.
Gottshall (P) began to feel ill. He became preoccupied with the events surrounding Johns'
death, and worried that he would die under similar circumstances. Shortly after Johns'
funeral, Gottshall (P) was admitted to a psychiatric institution, where he was diagnosed as
suffering from major depression and posttraumatic stress disorder. During the three weeks he
spent at the institution, Gottshall (P) experienced nausea, insomnia, cold sweats, and
repetitive nightmares concerning Johns' death. He lost a great deal of weight and suffered
from suicidal preoccupations and anxiety. Gottshall (P) has continued to receive
psychological treatment since his discharge from the hospital. Gottshall (P) sued under FELA
for negligent infliction of emotional distress. The District Court granted D's motion for
summary judgment, holding that FELA did not provide a remedy for Gottshall's (P) emotional
injuries. The Third Circuit Reversed. It discussed the zone of danger and relative bystander
rules and held that because of the liberal relief granted under FELA to railroad workers
injured through negligence the proper test for negligent infliction of emotional distress
must 'provide a threshold assurance that there is a likelihood of genuine and serious
emotional injury.' The Third Circuit suggested that a court's factual inquiry might include
consideration of the plaintiff's claim in light of the present state of the common law. The
Third Circuit concluded that Gottshall (P) had made a sufficient showing that his injuries
were genuine and severe. Carlisle (P) was responsible for ensuring the safe and timely
movement of passengers and cargo. Aging railstock and outdated equipment made Carlisle's (P)
job difficult. Reductions in D's work force required Carlisle (P) to take on additional
duties and to work long hours. Carlisle (P) and his fellow dispatchers frequently complained
about safety concerns, the high level of stress in their jobs, and poor working conditions.
In 1988, Carlisle (P) became trainmaster in the South Philadelphia yards. With this
promotion came added responsibilities that forced him to work erratic hours. Carlisle (P)
began to experience insomnia, headaches, depression, and weight loss. After an extended
period during which he was required to work 12- to 15-hour shifts for weeks at a time,
Carlisle (P) suffered a nervous breakdown. Carlisle (P) sued D under FELA for negligent
infliction of emotional distress. At trial, Carlisle (P) called medical experts who
testified that his breakdown and ensuing severe depression were caused at least in part by
the strain of his job. The jury awarded $386,500 in damages. The Third Circuit affirmed. The
court rejected D's argument that Carlisle (P) had failed to make out a claim under FELA
because he had not alleged any accident or physical injury or impact, the court noted that
in Gottshall (P) it had 'upheld recovery under the FELA for negligent infliction of
emotional distress without proof of any physical impact.' The Supreme Court granted
certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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