Henry R. Stoklosa v. Consolidated Rail Corporation

MERRITT, Circuit Judge.

The issue in this FELA case is whether, viewing the facts in a light most favorable to the plaintiff, there are genuine issues of material fact which preclude the entry of summary judgment for defendant on plaintiff’s negligent infliction of emotional distress claim.

The pertinent facts are not in dispute. Plaintiff, Stoklosa, has been employed by defendant, Conrail, since 1982. In April 1983, plaintiff began seeing a psychologist claiming that overwork and belittling comments made by his supervisor resulted in the disruption of his family life and destruction of his…