Consolidated Rail Corp. v. Gottshall

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 workforce 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.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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