Kraus v. Consolidated Rail Corp.
| Decision Date | 28 August 1989 |
| Docket Number | Civ. A. No. 87-5905,88-2509,88-5101 and 88-5878. |
| Citation | 723 F. Supp. 1073 |
| Parties | William KRAUS v. CONSOLIDATED RAIL CORPORATION. Ronald SHOEMAKER v. CONSOLIDATED RAIL CORPORATION. Wayne OWENS v. CONSOLIDATED RAIL CORPORATION. Charles BARBER v. CONSOLIDATED RAIL CORPORATION. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
J. Michael Farrell, Sleet & Farrell, Philadelphia, Pa., for plaintiffs.
Jonathan Altman, Richard L. Goerwitz, Jr., Swartz, Campbell & Detweiler, Stanley S. Frazee, Jr., Philadelphia, Pa., for Conrail.
In these consolidated actions brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. section 51 et seq., four former railroad employees allege that they were injured as a result of defendant Conrail's failure to provide them with a safe workplace. Conrail maintains, however, that the FELA does not impose liability on employers for purely emotional or stress-related "injuries." Before the court are defendant's consolidated motions for summary judgment.
Summary Judgment must be granted "if the pleadings, deposition, answers to interrogatories, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). For the purpose of these consolidated motions, plaintiffs' allegations will be accepted as true.
Each of the four plaintiffs worked for a period of time as a Conrail train dispatcher, and each now allegedly suffers from emotional or stress-related "injuries." Plaintiffs Kraus, Shoemaker and Barber suffer from physical as well as emotional disorders purportedly caused by on-the-job stress. Plaintiff Owens' alleged disability is purely "emotional" in nature.
Plaintiff Kraus began working as a Conrail train dispatcher in March 1987 after seventeen years as a block operator. Plaintiff contends that since 1978 Conrail began to consolidate job responsibilities and territories. Various support groups were eventually eliminated in a workforce reduction characterized by Kraus as "drastic."
Plaintiff describes his job as generally stressful, chaotic, and unsafe due to the heavy workload and pressure created by the consolidation of positions and reduction in force. While working for Conrail, Kraus allegedly suffered from dizzy spells, blackouts and exhaustion. Although he complained to supervisors about the workload and working conditions, he never filed a written grievance with his union.
According to Kraus, a train dispatcher is concerned with the safe movement of trains. Among other things, he monitors a radio system, prepares daily reports on accidents and delays, informs railroad personnel of maintenance assignments, and keeps track of crew changes to ensure proper staffing. Dispatchers also work considerably with computers that monitor the movement of trains.
Kraus maintains that March 12, 1987 was a typically stressful and chaotic day. He received and made a large number of telephone calls and had a backlog of data to feed into the computer. Local freight trains — causing congestion on the rails — awaited his permission to move. A bridge had "failed," and his supervisors complained about his being behind schedule. As a result of these demands, plaintiff mistakenly permitted a train to proceed through a stop signal, threatening the life of an electrician who was working on the tracks. After plaintiff tried unsuccessfully to stop the train, he became anxious and began to sweat. Plaintiff described March 12 as Pl.Dep.Tr. 23.
Approximately one week earlier, two dispatcher desks had been consolidated — over union objection — increasing the territory for which plaintiff was responsible from 225 miles to 450 miles. Plaintiff did not file any grievance based on the consolidation. He did, however, raise the issue with the duty train operations officer and was told that studies would be done before implementation of the consolidation.
On March 27, 1987, plaintiff experienced chest pains, nausea, and sweating. He was admitted to a hospital where he remained for five days, two of which were spent in intensive care. Doctors determined that Mr. Kraus had not had a heart attack; however, his very real chest pains were caused by job-related stress.
Plaintiff stated at his deposition that he often thought and dreamed about collisions, derailments and other accidents.
Plaintiff Ronald Shoemaker began working for the Reading Railroad as a tower/block operator on September 7, 1961 and remained in that position until February 8, 1969, when he was promoted to train dispatcher. During those years, plaintiff worked in a large office which he described as "well windowed," "well lit" and a "very nice office." In the performance of his duties, Mr. Shoemaker used a telephone system to control between eight to ten tower operators who directed the trains pursuant to his instructions.
After accepting the dispatcher position, plaintiff allegedly came under much stress. However, while he occasionally became physically ill when "things got hectic," he never received any medical treatment for any stress-related condition during that time. After Conrail became his employer on April 1, 1976, plaintiffs job duties changed considerably as his workload increased and he began working with new people and different territories.
In April 1984 or 1985, plaintiff allegedly faced more chaotic working conditions after a computer system had replaced certain clerks and towers. With the new equipment, Shoemaker was required to use an earpiece during his entire eight hour shift in order to receive communications from operators. He describes the transmissions he received as a high squeal pitching noise. He also alleges that he sometimes received more than six messages at a time on his computer terminal screen. Disputes with supervisors concerning his performance also added to his stress.
On August 30, 1987, plaintiff felt discomfort in his right chest area while he was playing softball. He was taken to a local hospital and soon thereafter released. Later that evening, however, while watching television, plaintiff felt pain in the center of his chest. He was once again taken to a hospital where he was diagnosed as having suffered a heart attack (an acute myocardial infarction.)
Plaintiff Barber was employed by the Reading Railroad as a block operator from 1965 until 1974, although he occasionally worked as a relief train dispatcher between 1968 and 1974. From 1974 to 1980, plaintiff served permanently as a train dispatcher. However, in 1980 he was dismissed from that position after having directed three passenger trains down an out-of-service track. He returned to his duties as a block operator and clerk before resuming his position as a train dispatcher in September 1983. From 1983 until July 1987, plaintiff worked as a train dispatcher or as an assistant chief train dispatcher, moving back and forth between the jobs as the duties of the jobs changed and as seniority dictated.
Between 1983 and 1987, there were changes in the manner in which these jobs were performed, caused by cuts in supporting manpower, realignment and consolidation of dispatching territories, as well as installation and utilization of computers and radios.
Prior to the commencement of his disability in July of 1987, plaintiff had had several years of medical treatment for emphysema. He was also hospitalized in early 1985 for ulcers. Afterwards, Mr. Barber continued to take medication for both conditions. Except for occasional stomach cramps, his stomach problems did not recur until July 30, 1987. On that date, plaintiff suffered a severe ulcer attack and has not returned to work.
Plaintiff worked for nearly twenty years as a train dispatcher, first with the Reading Company and later with Conrail. In October 1987, Mr. Owens stopped working after contracting bronchial pneumonia. He has not returned to work, as he feels "spent," "done in," "used up," and "burnt out." Plaintiff's emotional problems allegedly stem from certain safety and operating rule violations, reductions in force, the introduction and utilization of computers, loss of lunch and rest breaks, as well as disciplinary action taken against him for absenteeism and insubordination.
Mr. Owens' disability is solely emotional in nature. His treating physician states in a affidavit:
Defendant first maintains that plaintiffs fail to state a claim under the FELA because plaintiffs' alleged injuries occurred as a result of the performance of their normal duties, established under a collective bargaining agreement between defendant and plaintiffs' union, the American Train Dispatchers Association (ATDA). Defendant contends that these "minor disputes" can only be resolved by the National Railroad Adjustment Board ("NRAB") pursuant to the Railway Labor Act ("RLA"), 45 U.S.C. section 151 et seq.
Defendant's argument is to some extent supported by the language and legislative history of the RLA since complaints of stress-related "injuries" can be easily described...
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