Railroad Found Liable: Sufficient Evidence that Asbestos Was Present

The following concerns a case in which a railroad was found liable. The plaintiff found evidence of the presence of asbestos throughout the building, including in the insulation on the overhead pipes and in the air-handling system.

He also saw evidence of the construction work around the asbestos-insulated pipes in the 1970s that created substantial dust on a daily basis in his work area.

The railroad's asbestos plan indicated that electrical work and drilling around asbestos-insulated pipes could disturb the asbestos.

The plaintiff's medical expert also testified that inhalation of asbestos fibers causes asbestosis, and that if the dust created in Hedgecorth's work environment contained asbestos fibers, exposure to asbestos under the circumstances Hedgecorth described would have caused his asbestosis.

There was sufficient evidence that asbestos was present, disturbed, and released in Hedgecorth's work environment, and that Hedgecorth, therefore, was exposed to asbestos.

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