Stoklosa v. Consolidated Rail Corp.
| Decision Date | 28 December 1988 |
| Docket Number | No. 88-3198,88-3198 |
| Citation | 864 F.2d 425 |
| Parties | Henry R. STOKLOSA, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Michael E. McGill, Leizerman, McGill & Williams, Toledo, Ohio, for Henry R. Stoklosa, plaintiff-appellant.
Richard F. Ellenberger, Doyle, Lewis & Warner, Toledo, Ohio, for Consolidated Rail Corp., defendant-appellee.
Before MERRITT and GUY, Circuit Judges, and EDWARDS, Senior 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 mental health. In December 1983, plaintiff, after experiencing chest pains and other physical signs of fatigue, was advised by his physician to take some time off work. Plaintiff did so, informing his employer that the time off was necessary due to job stress. In February 1984 plaintiff was demoted for failing to report a suspected signal failure and lying to his supervisor about his knowledge of the failure. Upon learning of his demotion, plaintiff was seriously depressed, stated that he wanted to die and requested admission to a mental facility. Plaintiff has not returned to work but has received disability pay from the defendant since that time.
Plaintiff sued Conrail, alleging several causes of action. Defendant requested summary judgment on all counts. Plaintiff opposed summary judgment only on the first count--negligent infliction of emotional distress.
The parties consented to entry of judgment by a magistrate. Upon review of the summary judgment motion and affidavits submitted by the parties, the magistrate held that a cause of action for negligent infliction of emotional distress for purely emotional injuries exists under FELA. The magistrate further concluded that Conrail's demotion of the plaintiff, while possibly contributing to plaintiff's instability, did not constitute negligence actionable under FELA because Conrail had no awareness of plaintiff's vulnerable condition and, therefore, could not reasonably foresee his injury. In so ruling, the magistrate applied the standard set forth in Sec. 313 of The Restatement 2d of Torts. The magistrate, therefore, entered summary judgment for...
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Handy v. Union Pacific R. Co., 900638-CA
...plaintiff's familiarity through his union activity with the grieving process." Id. at 540 (quoting in part Stoklosa v. Consolidated Rail Corp., 864 F.2d 425, 426 (6th Cir.1988)). This failure to lodge specific complaints deprived the railroad of notice that Adams's supervisor was causing hi......
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...for negligent infliction of emotional distress without verifiable physical manifestation is actionable. See Stoklosa v. Consolidated Rail Corp., 864 F.2d 425, 426 (6th Cir.1988); Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir.1990). But in Stoklosa and Adams, the court took two pote......
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...365, 373 (6th Cir. 1999); see also Black v. Columbus Public Schs., 124 F.Supp.2d 550, 588 (S.D.Ohio 2000); Stoklosa v. Consolidated Rail Corp., 864 F.2d 425, 426 (6th Cir.1988); Francis v. Gaylord Container Corp., 837 F.Supp. 858, 864 (S.D.Ohio 18. The Ohio Supreme Court case typically cite......
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