that his conclusion is based on his examination of Zarecki, her medical records, and his professional experience. The Court is left in dark as to what facts he derived from Zarecki's examination and medical records, or the reasoning used to conclude that Zarecki's work duties caused her injury. Accordingly, Dr. Farrell's affidavit does not satisfy the requirements of Rule 56(e) and hence the affidavit is inadmissible on this additional ground.
Moreover, Dr. Farrell's affidavit, even if deemed admissible, does not indicate that Zarecki's equipment or her manner of using that equipment was unsafe; rather, he only claims that her condition was caused by her job activities. Zarecki attempts to use this affidavit to prove that Amtrak somehow breached its duty, but causation does not equal breach, they are separate elements each of which must be proven.
Zarecki has also failed to produce any evidence to show that Amtrak knew or should have known that an unsafe condition existed. Dr. Farrell testified that due to the nature of Zarecki's work, it was reasonably foreseeable that she would develop carpal tunnel syndrome. However, because Dr. Farrell is not qualified to give an expert opinion as to whether Amtrak should have foreseen that an injury would develop, his testimony is insufficient to raise a genuine issue as to foreseeability. Absent foreseeability, there can be no duty to warn. Finally, Zarecki seeks to rely on her testimony that she complained to Amtrak personnel; however, she admitted she did not complain to any Amtrak supervisory personnel prior to being diagnosed with carpal tunnel syndrome.
Zarecki's complaints after being diagnosed with carpal tunnel syndrome are insufficient to prove that Amtrak knew about any unsafe conditions prior to her development of the condition.
Given the scant evidence offered by the Plaintiff, this Court cannot conclude that an issue of material fact exists as to causation or as to whether Amtrak knew, or should have foreseen, that an unsafe condition existed--even when viewing the evidence in a light most favorable to Zarecki.
Ms. Zarecki's present medical conditions are unfortunate. However, the law does not provide a remedy for every medical malady. Under the circumstances of this case, Ms. Zarecki has simply not presented enough evidence to proceed to trial. In essence, a trial will only delay the inevitable conclusion of this case--a judgment in favor of Amtrak. For all of the foregoing reasons, defendant Amtrak's motion for summary judgment is granted. This case is dismissed with prejudice. Both sides are to bear their own costs.
United States District Judge
January 25, 1996