Legal Opinion

Visconti v. Consolidated Rail Corp.

District Court, S.D. New York

Decided August 25, 1992No. 91 Civ. 2552 (MBM)PublishedCited by 8 opinions

1Opinion of the Court

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff, Dorothy Visconti, sues her employer, Consolidated Rail Corporation (“Conrail”), under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (“FELA”), for both intentional and negligent infliction of emotional distress. Defendant moves for summary judgment. For the reasons set forth below, defendant’s motion is granted, with leave for plaintiff to amend her complaint to allege sexual harassment should the facts justify such an allegation.

I

Summary judgment is appropriate if the evidence demonstrates that “there is no genuine issue as to any…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  4. Urie v. ThompsonSupreme Court of the United States · 1949
  5. Murphy v. American Home Products Corp.New York Court of Appeals · 1983

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3Cited by8 opinions

  1. Wallis v. Princess Cruises, Inc.Court of Appeals for the Ninth Circuit · 2002
  2. Wallis v. Princess Cruises, Inc.Court of Appeals for the Ninth Circuit · 2002
  3. Kelly v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 1999
  4. Yballa v. Sea-Land Services, Inc.District Court, D. Hawaii · 1995
  5. Higgins v. Metro-North RailroadDistrict Court, S.D. New York · 2001

3 more not listed; retrieve them via the Exa API.

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