Vance v. Consolidated Rail Corp.

The court of appeals’ consideration of this case occurred before the United States Supreme Court announced its decision in Consol. Rail Corp. v. Gottshall (1994), 512 U.S.-, 114 S.Ct. 2396, 129 L.Ed.2d 427, which resolved some issues pertinent to this appeal. In light of Gottshall, this case presents two issues for our review: (1) Does plaintiffs claim of negligent infliction of emotional distress place him within the class of plaintiffs *227who may recover under the FELA? (2) If issue one is resolved in plaintiffs favor, did plaintiff sufficiently demonstrate that Conrail’s negligence caused his…