Jerald E. Bloom v. Consolidated Rail Corporation

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal requires that we apply the zone of danger test recently announced in Consolidated Rail Corp. v. Gottshall, — U.S. —, 114 S.Ct. 2396, 129 L.Ed.2d 427 (1994), to a claim for negligent infliction of emotional distress. The claim was brought by plaintiff Jerald E. Bloom, a railroad employee, against his employer Consolidated Rail Corporation (“Conrail”) under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C.A. § 51 et seq. (1986), and resulted in a large judgment in his favor against Conrail. Bloom’s injuries were caused by the…