Smith v. Union Pacific Railroad

SEYMOUR, Chief Judge.

This action was brought by Samuel Smith under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, against his employer, Union Pacific Railroad Company, for injuries he allegedly suffered in connection with his work. In Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 114 S.Ct. 2396, 129 L.Ed.2d 427 (1994), the Supreme Court held that an employee may recover damages under FELA for mental or emotional injuries only where the employee can show he was within a zone of danger of physical impact. We are required here to determine whether a railroad employee’s sleep…