Kera Morgan, as Administrator and Personal Representative of the Estate of Phillip Raymond Morgan v. Union Pacific Railroad Company, a Delaware Corporation
JusticiabilityDoctri
Whether the 'zone of danger' test from Gottshall applies to FELA wrongful death claims involving employee suicide, and whether workplace harassment-induced suicide constitutes a compensable claim under FELA
1. Whether the “zone of danger” test articulated in Consolidated Rail Corp. v. Gottshall , 512 U.S. 532 (1994), applies to wrongful death claims premised on suicide under the Federal Employers’ Liability Act (FELA), 45 U.S.C. 5? 2. Whether the suicide of a railroad employee caused by workplace harassment and stress creating an unsafe workplace constitutes a compensable claim for death resulting in whole or in part from the negligence of the employer under FELA?