Dismissal Of LIRR Harassment Suit Upheld By 2nd Circ.

Law360, New York (August 15, 2011, 5:44 PM EDT) -- Affirming the dismissal of a suit against the Long Island Rail Road, the Second Circuit ruled Monday that intentional infliction of emotional distress claims brought under the federal law protecting injured railroad workers must involve an immediate risk of physical harm.

The appeals court found that the lower court correctly dismissed the suit brought by LIRR employee Gregory Goodrich — who alleged his HIV-positive status was maliciously publicized by a co-worker — ruling that he failed to satisfy the so-called zone of danger test under the...
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