Analysis
I. Denial of Union Pacific's Motion for Summary Judgment
7 We first address Union Pacific's argument that the trial court should have granted its motion for summary judgment because Christiansen has not provided sufficient evidence of negligence. FELA permits a railroad employee to recover for injuries sustained as a result of his employer's negligence:
Every common carrier by railroad while engaging in [interstate] commerce . . . shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce . . . for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by any reason of any defect or insufficiency, due to its negligence . . .
45 U.S.C. ยง 51 (1986). Although "negligence" is not defined under the statute, a plaintiff must prove each of the common law elements of duty, breach, foreseeability, and causation. See, e.g., Williams v. National R.R. Passenger Corp., 161 F.3d 1059, 1062 (7th Cir. 1998).
Courtesy of Christiansen v. Union Pacific
Asbestos exposure of Plaintiff Christensen v. Union Pacific case