Opinion
Civil Case No. 06-cv-00289-REB-PAC.
March 27, 2006
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS CLAIMS FOR DAMAGES FOR EMOTIONAL DISTRESS
The matter before me is Defendant's Motion to Dismiss [#6], filed March 10, 2006. By this motion, defendant seeks to dismiss plaintiff's claim under the Federal Employers' Liability Act ("FELA") for damages related to the emotional and work-related stress he allegedly suffered as a result of defendant's actions. In his response, plaintiff tacitly acknowledges that he cannot recover such damages under FELA, and asks that the relevant language be stricken from the complaint.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant's Motion to Dismiss [#6], filed March 10, 2006, is GRANTED; and
2. That paragraph 14 of the Complaint is STRICKEN.