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Roberts v. Lain8/23/2000
AFFIRMED
The primary issue on appeal in this personal injury case is whether Donald Roberts, a former railroad employee, timely filed suit against his former employer, Southern Pacific Transportation Company, for negligent exposure to chemical solvents. We find that he did not, and therefore affirm the trial court's summary judgment in favor of Southern Pacific.
Factual & Procedural Background
From 1971 to 1992, Donald Roberts ("Roberts") worked for Southern Pacific Transportation Company ("Southern Pacific") in different capacities and in various Southern Pacific offices located throughout Texas. During his first three years of employment, Roberts worked in San Antonio as a machinist, building and repairing locomotive engine parts. In this position, Roberts used cleaning solvents, primarily two agents he identified as SP 250 and SP 312. Roberts would immerse engine parts, his tools, and his bare hands into buckets containing these solvents. He also used the solvents to remove engine grease from his clothing. Shortly after his initial exposure to and use of these cleaning solvents, Roberts experienced adverse reactions, including rashes on his hands and forearms, irritation, temporary dizziness, metallic taste in his mouth, burning sensation in his eyes, and, at times, shortness of breath. Roberts also experienced disturbed sleep patterns. Roberts neither sought medical care nor reported his adverse reactions to Southern Pacific. He continued to work with these solvents until 1974, when he was promoted to a supervisory position. Although he no longer had direct contact with SP 250 and SP 312 as a supervisor, Roberts continued to inhale the fumes of these solvents during routine daily inspections.
In 1985, Roberts transferred from Southern Pacific's San Antonio office to its Eagle Pass office. There, he experienced difficulty with his supervisor, Michael Lain. According to Roberts, Lain waged a campaign of harassment and intimidation against him. In September 1990, Roberts began to suffer from weight loss, severe headaches, bouts of nausea, anxiety, memory loss, and other emotional problems. Roberts sought psychiatric care for treatment of depression and anxiety in 1991. His first treating physician, Dr. Montoyo, attributed his emotional and mental health problems to his stressful work environment and to his poor relationship with Lain. By 1992, according to Roberts, he began to question whether his exposure to SP 250 and SP 312 had caused or at least contributed to his declining health. That same year, Roberts' mental health ultimately deteriorated to the point of a nervous breakdown. In December 1992, he took a medical leave of absence from which he never returned. In the summer of 1993, he was hospitalized for suicidal urges. Dr. Jimenez, Roberts' treating psychiatrist beginning in August 1993, attributed Roberts' mental health problems to job stress and the harassment he allegedly suffered at the hands of Lain. Roberts continued with psychiatric treatment until at least 1998.
In November 1995, Roberts sued Southern Pacific and Lain under the Federal Employers' Liability Act ("FELA") for intentional infliction of emotional distress, alleging that Lain's conduct caused his mental breakdown. See 45 U.S.C. ยง 51 (railroad liable in damages to employee suffering on-the-job injury resulting from negligence of its officers, agents or employees). Roberts claimed that Southern Pacific's failure to intervene on his behalf amounted to a failure to provide a safe work place. In July 1997, Roberts amended his suit against Southern Pacific to include a claim for negligent exposure to toxic materials, alleging that his exposure to SP 250 and SP 312 damaged his
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