Metro-North Commuter Railroad v. Buckley

117 S. Ct. 2113, 138 L. Ed. 2d 560, 11 Fla. L. Weekly Fed. S 56, 521 U.S. 424, 97 Cal. Daily Op. Serv. 4806, 65 U.S.L.W. 4586, 1997 A.M.C. 2309, 17 OSHC (BNA) 2153, 1997 U.S. LEXIS 3867, 12 I.E.R. Cas. (BNA) 1645, 97 Daily Journal DAR 7833
CourtSupreme Court of the United States
DecidedJune 23, 1997
Docket96-320
StatusPublished
Cited by197 cases

This text of 117 S. Ct. 2113 (Metro-North Commuter Railroad v. Buckley) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metro-North Commuter Railroad v. Buckley, 117 S. Ct. 2113, 138 L. Ed. 2d 560, 11 Fla. L. Weekly Fed. S 56, 521 U.S. 424, 97 Cal. Daily Op. Serv. 4806, 65 U.S.L.W. 4586, 1997 A.M.C. 2309, 17 OSHC (BNA) 2153, 1997 U.S. LEXIS 3867, 12 I.E.R. Cas. (BNA) 1645, 97 Daily Journal DAR 7833 (U.S. 1997).

Opinions

Justice Breyer

delivered the opinion of the Court.

The basic question in this case is whether a railroad worker negligently exposed to a carcinogen (here, asbestos) but without symptoms of any disease can recover under the [427]*427Federal Employers’ Liability Act (FELA or Act), 35 Stat. 65, as amended, 45 U. S. C. § 51 et seq., for negligently inflicted emotional distress. We conclude that the worker before us here cannot recover unless, and until, he manifests symptoms of a disease. We also consider a related claim for medical monitoring costs, and we hold, for reasons set out below, that the respondent in this case has not shown that he is legally entitled to recover those costs.

Respondent, Michael Buckley, works as a pipefitter for Metro-North, a railroad. For three years (1985-1988) his job exposed him to asbestos for about one hour per working day. During that time Buckley would remove insulation from pipes, often covering himself with insulation dust that contained asbestos. Since 1987, when he attended an “asbestos awareness” class, Buckley has feared that he would develop cancer — and with some cause, for his two expert witnesses testified that, even after taking account of his now-discarded 15-year habit of smoking up to a pack of cigarettes per day, the exposure created an added risk of death due to cancer, or to other asbestos-related diseases, of either 1% to 5% (in the view of one of plaintiff’s experts), or 1% to 3% (in the view of another). Since 1989, Buckley has received periodic medical checkups for cancer and asbestosis. So far, those checkups have not revealed any evidence of cancer or any other asbestos-related disease.

Buckley sued Metro-North under the FELA, a statute that permits a railroad worker to recover for an “injury . . . resulting . .. from” his employer’s “negligence.” 45 U. S. C. § 51. He sought damages for his emotional distress and to cover the cost of future medical checkups. His employer conceded negligence, but it did not concede that Buckley had actually suffered emotional distress, and it argued that the FELA did not permit a worker like Buckley, who had suffered no physical harm, to recover for injuries of either sort. [428]*428After hearing Buckley’s case, the District Court dismissed the action. The court found that Buckley did not “offer sufficient evidence to allow a jury to find that he suffered a real emotional injury.” App. 623. And, in any event, Buckley suffered no “physical impact”; hence any emotional injury fell outside the limited set of circumstances in which, according to this Court, the FELA permits recovery. Id., at 620; see Consolidated Rail Corporation v. Gottshall, 512 U. S. 532 (1994). The District Court did not discuss Buckley’s further claim for the costs of medical monitoring.

Buckley appealed, and the Second Circuit reversed. 79 F. 3d 1337 (1996). Buckley’s evidence, it said, showed that his contact with the insulation dust (containing asbestos) was “massive, lengthy, and tangible,” id., at 1345, and that the contact “would cause fear in a reasonable person,” id., at 1344. Under these circumstances, the court held, the contact was what this Court in Gottshall had called a “physical impact” — a “physical impact” that, when present, permits a FELA plaintiff to recover for accompanying emotional distress. The Second Circuit also found in certain of Buckley’s workplace statements sufficient expression of worry to permit sending his emotional distress claim to a jury. Finally, the court held that Buckley could recover for the costs of medical checkups because the FELA permits recovery of all reasonably incurred extra medical monitoring costs whenever a “reasonable physician would prescribe ... a monitoring regime different than the one that would have been prescribed in the absence of” a particular negligently caused exposure to a toxic substance. 79 F. 3d, at 1347 (internal quotation marks omitted).

We granted certiorari to review the Second Circuit’s holdings in light of Gottshall.

II

The critical question before us in respect to Buckley’s “emotional distress” claim is whether the physical contact with insulation dust that accompanied his emotional distress [429]*429amounts to a “physical impact” as this Court used that term in Gottshall. In Gottshall, an emotional distress case, the Court interpreted the word “injury” in FELA § 1, a provision that makes “[ejvery common carrier by railroad . . . liable in damages to any person suffering injury while . . . employed” by the carrier if the “injury” results from carrier “negligence.” 45 U. S. C. § 51. In doing so, it initially set forth several general legal principles applicable here. Gott-shall described FELA’s purposes as basically “humanitarian.” Gottshall, supra, at 542; see also, e. g., Urie v. Thompson, 337 U. S. 163 (1949). It pointed out that the Act expressly abolishes or modifies a host of common-law doctrines that previously had limited recovery. See, e. g., 45 U. S. C. §§ 51, 53, and 54. It added that this Court has interpreted the Act’s language “liberally” in light of its humanitarian purposes. Gottshall, supra, at 543. But, at the same time, the Court noted that liability under the Act rests upon “negligence” and that the Act does not make the railroad “‘the insurer’” for all employee injuries. 512 U. S., at 543 (quoting Ellis v. Union Pacific R. Co., 329 U. S. 649, 653 (1947)). The Court stated that “common-law principles,” where not rejected in the text of the statute, “are entitled to great weight” in interpreting the Act, and that those principles “play a significant role” in determining whether, or when, an employee can recover damages for “negligent infliction of emotional distress.” 512 U. S., at 544. See also id., at 558 (Souter, J., concurring) (Court’s duty “in interpreting FELA ... is to develop a federal common law of negligence ... informed by reference to the evolving common law”); Atchison, T. & S. F. R. Co. v. Buell, 480 U. S. 557 (1987).

The Court also set forth several more specific legal propositions. It recognized that the common law of torts does not permit recovery for negligently inflicted emotional distress unless the distress falls within certain specific categories that amount to recovery-permitting exceptions. The law, [430]*430for example, does permit recovery for emotional distress where that distress accompanies a physical injury, see, e. g., Simmons v. Pacor, Inc., 543 Pa. 664, 678, 674 A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hurston v. Grand Trunk W. RR. Co.
2024 Ohio 1616 (Ohio Court of Appeals, 2024)
Baker v. Croda Inc.
Supreme Court of Delaware, 2023
Lindsay v. Carnival Corporation
W.D. Washington, 2021
Hook v. Holland America Line NV
W.D. Washington, 2020
Berry v. City of Chicago
2019 IL App (1st) 180871 (Appellate Court of Illinois, 2019)
Kevin Brown et al v Saint-Gobain Performance Plastics
2017 DNH 246 (D. New Hampshire, 2017)
Sadler v. PacifiCare of Nev.
2014 NV 98 (Nevada Supreme Court, 2014)
William C. Skye v. Maersk Line
Eleventh Circuit, 2014
Lyons v. Rienzi & Sons, Inc.
863 F. Supp. 2d 213 (E.D. New York, 2012)
Goodrich v. Long Island Rail Road Co.
654 F.3d 190 (Second Circuit, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
117 S. Ct. 2113, 138 L. Ed. 2d 560, 11 Fla. L. Weekly Fed. S 56, 521 U.S. 424, 97 Cal. Daily Op. Serv. 4806, 65 U.S.L.W. 4586, 1997 A.M.C. 2309, 17 OSHC (BNA) 2153, 1997 U.S. LEXIS 3867, 12 I.E.R. Cas. (BNA) 1645, 97 Daily Journal DAR 7833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metro-north-commuter-railroad-v-buckley-scotus-1997.