160.02.01. FELA-Issues Made by the Pleadings-Emotional Injury-Zone of Danger

160.02.01 FELA--Issues Made by the Pleadings--Emotional Injury--Zone of Danger [1] [The plaintiff claims that he suffered emotional injury that resulted in damages while he was in the zone of danger of physical harm and while he was engaged in the course of his employment by the railroad.] [2] The plaintiff further claims that the railroad violated the Federal Employers' Liability Act in that: a. [an [officer] [agent] [or] [other employee] [of the] railroad was negligent in that] [Set forth in simple form without undue emphasis or repetition those allegations of the complaint as to negligence which have not been withdrawn or ruled out by the court and are supported by the evidence.] b. [there was a defect or insufficiency due to the railroad's negligence in its [cars] [engines] [appliances] [machinery] [track] [roadbed] [works] [boats] [wharves] [or] [other equipment].] [3] The plaintiff further claims that his injury and damages resulted in whole or in part from one or more of the alleged violations of the Act. [4] The railroad [denies that it violated the Federal Employers' Liability Act as claimed by the plaintiff] [or] [and] [denies that the plaintiff was in the zone of danger of physical harm] [or] [and] [denies that the [plaintiff] [decedent] was engaged in the course of his employment for the railroad at the time of the alleged occurrence]. [5] [The railroad further denies that any of the alleged emotional injuries resulted, in whole or in part, from any violation of the Act.] [6] [The railroad further denies that the plaintiff [was emotionally injured] [or] sustained damages [to the extent claimed].] [7] [The railroad claims that the [plaintiff] [decedent] was contributorily negligent [in that] [in one or more of the following respects]:] [Set forth in simple form without undue emphasis or repetition those allegations of the answer as to the plaintiff's contributory negligence which have not been withdrawn or ruled out by the court and are supported by the evidence.] [8] [The railroad further claims that one or more of the foregoing caused in whole or in part the plaintiff's emotional injuries.] [9] [The plaintiff [denies that he did any of the things claimed by the railroad,] [denies that he was negligent [in doing any of the things claimed by the railroad,] [to the extent claimed by the railroad],] [and denies that any claimed act or omission on his part caused in whole or in part his claimed emotional injuries].]