Knew, Should Have Known Required for FELA

The United States Court of Appeals for the Second District has ruled that a co-worker's alleged misconduct that exacerbated multiple sclerosis and which can be imputed to the employer under respondeat superior, was nevertheless insufficient for an intentional infliction of emotional distress claim against the employer under the Federal Employers' Liability Act.In Higgins v. Metro-North R.R. Co. (01/29/03 - No. 01-7704), Gayle Higgins alleged that between 1996 and 1998 John Militano, a co-worker and supervisor, engaged in a "course of conduct toward Higgins [that] included both unwanted phys...