Grube v. Union Pacific Railroad
Kansas Supreme Court
886 P.2d 845 (1994)
Relevant factsFree
Grube (plaintiff), a train engineer for Union Pacific (defendant), was driving a train that collided with a car trapped on the tracks, killing one occupant and seriously injuring two others; before impact, Grube saw the driver's face full of fear, and afterward he helped the victims and touched the deceased while checking for a pulse, becoming physically ill from the distress. Grube sued for negligent infliction of emotional distress, and a jury found in his favor.
IssueFree
Whether a plaintiff must fear for his own physical safety, rather than merely for others, to recover for negligent infliction of emotional distress.