Smith v. Union Pacific Railroad Company Book Reviews

Smith v. Union Pacific Railroad Company by Tenth Circuit U.S. Court of Appeals Book Summary

PUBLISH This action was brought by Samuel Smith under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, against his employer, Union Pacific Railroad Company, for injuries he allegedly suffered in connection with his work. In Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994), the Supreme Court held that an employee may recover damages under FELA for mental or emotional injuries only where the employee can show he was within a zone of danger of physical impact. We are required here to determine whether a railroad employee's sleep disorder and accompanying physical and emotional maladies caused by his rotating work schedule with Union Pacific are compensable under FELA. After reviewing the Supreme Court's guidance provided in Consolidated Rail, we conclude that Mr. Smith's claims do not meet the required ""zone of danger"" test. Consequently, we reverse the jury verdict in his favor.

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