Consolidated Rail Corporation v. Gottshall, 512 U.S. 532, 9 (1994)

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540

CONSOLIDATED RAIL CORPORATION v. GOTTSHALL

Opinion of the Court

solidated Rail Corp., 990 F. 2d 90, 97-98 (1993). In rejecting Conrail's argument that Carlisle had failed to make out a claim under FELA because he had not alleged any accident or physical injury or impact, the court noted that in Gott-shall (decided the month before), it had "upheld recovery under the FELA for negligent infliction of emotional distress without proof of any physical impact." 990 F. 2d, at 96. Restating its holding in Gottshall, the court advised that, when evaluating a claim under FELA for negligently inflicted emotional distress, district courts within the Third Circuit "should engage in an initial review of the factual indicia of the genuineness of a claim, taking into account broadly used common law standards, then should apply the traditional negligence elements of duty, foreseeability, breach, and causation in weighing the merits of that claim." 990 F. 2d, at 98.

In the case before it, however, the court did not examine Carlisle's suit in light of any of the various common-law tests for dealing with negligent infliction of emotional distress claims. Instead, it shifted its primary emphasis to the foreseeability of the alleged injury and held that "when it is reasonably foreseeable that extended exposure to dangerous and stressful working conditions will cause injury to the worker, the employer may be held to be liable under the FELA for the employee's resulting injuries." Id., at 97. The Third Circuit held that Carlisle had produced sufficient evidence that his injury had been foreseeable to Conrail. The court also found sufficient evidence that Conrail had breached its duty to provide Carlisle with a safe workplace by making his employment too demanding, and that this breach had caused Carlisle's injury. Ibid.

Pursuant to this Court's Rule 12.2, Conrail petitioned for review of the Third Circuit's decisions in Gottshall and Carlisle. We granted certiorari, 510 U. S. 912 (1993), to resolve a conflict among the Courts of Appeals concerning the threshold standard that must be met by plaintiffs bringing

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