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Everett v. Norfolk S. Ry. Co.

The Court found that no underlying factual conflict existed for the jury to resolve regarding the trial court's legal decision that a train engineer was within the zone of danger of a train derailment as it related to his emotional damages suit against the railway company.

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This appeal comes to us pursuant to our granting a petition for a writ of certiorari in which we have asked if it was for a jury to decide whether a plaintiff in a case brought pursuant to the Federal Employers Liability Act FELA, 45 U.S.C. 51 et seq., was within the “zone of danger” in order to recover for emotional distress injuries stemming from a work-related accident. Because we find the answer to be in the negative, we reverse and remand the case to the Court of Appeals for further proceedings.

The underlying facts show that in March 2006, appellant Michael Everett was employed as an engineer for appellee Norfolk Southern Railway Company and was tasked with using his locomotive to push a six-car train into an auto plant in Georgia. One of the employees working with appellant misinformed him that the train derailment device was in the “off” position when in fact it was in the “on” position. Acting at the direction of his supervisor, appellant moved the train forward, and, due to the position of the derailment device, three of the six cars derailed and two of the derailed cars crashed into the auto plant. Appellant’s locomotive did not derail and he suffered no physical injury from the accident, however, soon after the accident, appellant was diagnosed with post-traumatic stress disorder and he has not been able to return to work. Appellant brought a suit against appellee to recover damages for emotional distress.

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