Employee v. Conrail
Background
A track inspector brought a claim under the FELA against the railroad for negligent infliction of emotional distress when a train was accidentally diverted onto the track upon which he was waiting in a high rail vehicle. Although the train was diverted toward him, the dispatcher and the crew realized what was occurring, warned the inspector to move and brought the train to a quick stop. The train never got closer than 500-600 feet to the vehicle, which sped safely away after the dispatcher's warning. Despite this, the inspector never returned to work and claimed total disability.
Solution
The railroad was represented by Craig Staudenmaier who argued that although a mistake had been made, the inspector was never within the zone of danger required for recovery for such claimed emotional injury under United States Supreme Court precedent. It was also argued that the events could not have produced injuries of the type and extent the employee was claiming.
Result
After a four-day jury trial, the jury found that the railroad's actions did not cause the alleged injuries claimed by the employee and a verdict was entered in favor of Conrail. On appeal, the Superior Court affirmed the jury's verdict in the railroad's favor.
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