Metro-North Commuter R.R. Co. v. Buckley

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Metro-North Commuter R.R. Co. v. Buckley
Delve into the rights of the worker to perform work in a site that is as safe as possible; what are the workers rights if the worksite does not adequately protect the worker from harm? Michael Buckley was exposed to insulation dust containing asbestos while employed as a pipefitter by Metro-North Commuter Railroad Co. Buckley feared he would develop cancer, of which periodic medical check-ups have revealed no evidence of an asbestos related disease. Buckley filed suit under the Federal Employers’ Liability Act (FELA), which permits a railroad worker to recover for an "injury . . . resulting from" his employer’s negligence. He sought damages for negligently inflicted emotional distress and to cover the cost of future check-ups (Metro-North Commuter R.R. Co. V. Buckley, Overview FELA 79 F3d 137).
Under the decision in this case, when does a duty arise for the defendant Metro-North to protect its employees?
What does the court suggest that Metro-North should have done in this case that would have satisfied the duty?
May railroad workers invoke the Federal Employers’ Liability Act to sue their employers for emotional distress due to asbestos, or some other disease-causing carcinogen, exposure if it has not made them ill? Why or why not?
What role do situational business ethics and moral relativism play in the employees personal circumstances and that of Metro-Norths ethical conduct in this case?
Provide a detailed summary of what steps the employer could have or should have taken to mitigate the situation.
What affect could this case have on your worksite?
Twomey, D. P., Jennings, M., Anderson, R. A. (2011). Chapters 4 and 7
Metro-North Commuter R.R. Co. V. Buckley: Keywords 521 U.S. 424 within LexisNexis Citation Search
Crook, J. R. (2011).
Posthuma, R. A., Roehling, M. V., Campion, M. A. (2011).
Masino, A., & McCurry, E. (2011).

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