United States Second Circuit

A co-worker's alleged conduct, which can be imputed to the employer under respondeat superior, was insufficient for an intentional infliction of emotional distress claim against the employer under the Federal Employers' Liability Act. Negligent supervision claim fails, where the employer was unaware of any particular threat posed by the co-worker.

Appellate Information

• Argued 01/11/2002
• Decided 01/29/2003
• Published 01/29/2003

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, F.I. PARKER and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Charles C. Goetsch,Cahill & Goetsch, P.C., New Haven, CT, for Plaintiff-Appellant.


• For Appellees:
  
• Carol Sue Barnett, Metro-North Commuter Railroad Law Department, (Richard K. Bernard, General Counsel, on the brief), New York, NY, for Defendant-Appellee.