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GRUBE v. UNION PACIFIC R.R. CO.

No. 69,233

256 Kan. 519 (1994)

ERNEST M. GRUBE, Appellee, v. UNION PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed December 16, 1994.

Attorney(s) appearing for the Case

Michael B. Buser, of Shook, Hardy & Bacon P.C., of Overland Park, argued the cause, and Rebecca J. Lubbers, of the same firm, was with him on the briefs for appellant.

Laurence M. Jarvis, of Laurence M. Jarvis, Chartered, of Kansas City, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

DAVIS, J.:

This case deals with the Federal Employer's Liability Act, 45 U.S.C. § 51 et seq. (1988), (FELA) and involves a question of whether a railroad employee may recover damages against employer railroad for negligent infliction of emotional distress.

At the time this case was argued, the question had not been resolved by the United States Supreme Court. Because of the conflict among the federal...

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