Butler v. the Burlington Northern

JOSEPH M. ELLIS, Chief Judge.

Ralph T. Butler appeals the grant of summary judgment to the Burlington Northern and Santa Fe Railway Company (“Burlington”), on his claim against Burlington, under the Federal Employers’ Liability Act (“FELA,” 45 U.S.C. §§ 51-60), for negligent infliction of emotional distress. Butler claims the circuit court erred in entering summary judgment against him because genuine issues of material fact remain in dispute and Burlington was not entitled to judgment as a matter of law, in that he pleaded a viable cause of action against Burlington for negligent infliction…