The United States Court of Appeals for the Sixth Circuit ruled that to recover emotional distress damages under the Federal Employers' Liability Act (FELA), a plaintiff must be within the zone of danger and the emotional injury must be the result of a fear for his or her safety.
In Lukowski v. CSX Transportation, Inc., No. 04-4141, 07/19/2005, James Lukowski and Lester Blauvelt, employees of CSX Transportation, Inc. (CSXT), witnessed a dead body after a train accident and attempted to recover for their emotional distress. Lukowski, the conductor/brakeman, and Blauvelt, the engineer, were op...
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