No. 25-121

Kera Morgan, as Administrator and Personal Representative of the Estate of Phillip Raymond Morgan v. Union Pacific Railroad Company, a Delaware Corporation

Lower Court: Iowa
Docketed: 2025-07-31
Status: Denied
Type: Paid
Response Waived
Tags: employee-suicide federal-employers-liability-act negligence workplace-harassment wrongful-death zone-of-danger
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-20
DISTRIBUTED for Conference of 9/29/2025.
2025-08-12
Waiver of Union Pacific Railroad Company of right to respond submitted.
2025-08-12
Waiver of right of respondent Union Pacific Railroad Company to respond filed.
2025-07-23
Petition for a writ of certiorari filed. (Response due September 2, 2025)

Attorneys

Kera Morgan
Paul Timothy SlocombBlunt Slocomb, Ltd., Petitioner
Paul Timothy SlocombBlunt Slocomb, Ltd., Petitioner
Union Pacific Railroad Company
Jonathan Benjamin AmarilioTaft Stettinius & Hollister LLP, Respondent
Jonathan Benjamin AmarilioTaft Stettinius & Hollister LLP, Respondent