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MARSCHAND v. NORFOLK AND WESTERN RY. CO.

No. 95-2445.

81 F.3d 714 (1996)

David L. MARSCHAND, Plaintiff-Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 1996.

Attorney(s) appearing for the Case

John C. Theisen, Thomas N. O'Malley (argued), Gallucci, Hopkins & Theisen, Fort Wayne, IN, for plaintiff-appellant.

John C. Duffey (argued), Russell H. Hart, Geoffrey L. Blazi, Stuart & Branigin, Lafayette, IN, for defendant-appellee.

Before BAUER, DIANE P. WOOD and EVANS, Circuit Judges.

BAUER, Circuit Judge.

David Marschand sued Norfolk and Western Railway Company ("Norfolk") under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA"), for negligent infliction of emotional distress. Marschand asserted that various negligent acts by Norfolk resulted in a grade crossing accident in which the train Marschand engineered struck a pickup truck, killing all three passengers in the truck. Marschand claimed that he suffered emotional...

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