Metro-North Commuter Railroad Company v. Buckley

Buckley (plaintiff) worked for Metro-North Commuter Railroad Company (defendant) and was exposed to asbestos on the job for several years. He developed a fear of eventually getting cancer and received periodic medical monitoring, but was never diagnosed with cancer or asbestosis. He sued under the Federal Employers' Liability Act (FELA) for negligent infliction of emotional distress. Metro-North conceded negligence but argued Buckley had shown no actual emotional injury and no physical harm. Experts testified his asbestos exposure increased his cancer risk by only one to five percent, on top of the risk from his own 15-year smoking habit. The district court dismissed the claim for lack of a physical impact and evidence of real emotional injury; the Second Circuit reversed.