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Grube v. Union Pacific Railroad

Kansas Supreme Court
886 P.2d 845 (1994)


Facts

Grube (plaintiff) was an engineer on a train owned by Union Pacific (defendant). Grube’s train collided with a car trapped in a railroad crossing, killing one of the occupants of the car and seriously injuring two others. Before the collision, Grube saw the face of the car’s driver, which expressed fear of the approaching train. After the collision, Grube helped the occupants of the car and touched the deceased while trying to find a pulse. Grube then threw up in response to his emotional distress caused by seeing the occupants of the car before and after the accident. Grube brought a claim of negligent infliction of emotional distress against Union Pacific for his mental anguish and accompanying physical manifestations. The jury returned a verdict in favor of Grube.

Rule of Law

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Issue

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Holding and Reasoning (Davis, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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