Consolidated Rail Corporation v. Gottshall

Summary

The Court, in an opinion by Justice Thomas joined by Chief Justice Rehnquist and Justices O'Connor, Scalia, Kennedy, and Souter, held that negligent-infliction-of-emotional-distress claims are cognizable under FELA but must satisfy the common-law zone-of-danger test. It rejected the Third Circuit's genuineness-and-foreseeability approach, reversed both judgments, and remanded Gottshall's case for application of the proper test and Carlisle's case for entry of judgment for Conrail because ordinary work-related stress does not qualify. Justice Souter separately emphasized the courts' responsibility to develop federal negligence law under FELA with guidance from evolving common law. Justice Ginsburg, joined by Justices Blackmun and Stevens, dissented, favoring the Third Circuit's approach keyed to the genuineness and gravity of injury and arguing that FELA's limited class of eligible plaintiffs and remedial purposes did not justify the zone-of-danger restriction.