Simmons v. Norfolk & Western Railway Co.

MEMORANDUM OPINION

TURK, Chief Judge.

Plaintiff filed this action pursuant to the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51, et seq., alleging that he was publicly harassed on the job and that this alleged harassment constitutes intentional infliction of emotional distress. Defendants moved to dismiss or, in the alternative, for summary judgment arguing that claims for intentional infliction of emotional distress are not actionable under the FELA and that the allegations fail as a matter of law to state a claim for intentional infliction of emotional distress. The parties have…