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METRO-NORTH COMMUTER R. CO. v. BUCKLEY

No. 96-320.

521 U.S. 424 (1997)

117 S.Ct. 2113

138 L.Ed.2d 560

METRO-NORTH COMMUTER RAILROAD CO. v. BUCKLEY

Supreme Court of United States.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Sheila L. Birnbaum argued the cause for petitioner. With her on the briefs were Barbara Wrubel, Douglas W. Dunham, Ellen P. Quackenbos, and Richard K. Bernard.

Charles C. Goetsch argued the cause for respondent. With him on the brief were George J. Cahill, Jr., and John G. DiPersia.*

Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Stevens, J., joined, p. 444.

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 Federal 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...

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