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Torts Keyed to Franklin
Metro-North Commuter Railroad Company v. Buckley
Facts
Plaintiff was employed by Defendant and was exposed to asbestos during that employment. Plaintiff did not show any physical signs of suffering from disease as a result of this exposure. After Plaintiff attended an asbestos awareness class, he brought suit against Defendant for negligent infliction of emotional distress and sought to recover damages for the cost of future medical checkups and emotional distress. The trial court dismissed the claims, finding that the Federal Employers’ Liability Act (FELA) did not allow recovery without physical impact. Plaintiff appealed, arguing that his physical impact with asbestos dust which accompanied his emotional distress was sufficient to meet the physical impact requirement in the statute. The court of appeals reversed and Defendant appealed. The U.S. Supreme Court granted certiorari.
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