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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
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IN THIS SECTION
Parties in the Case
Review of the Facts in the Case
Plantiff's Asbestos Exposure
Union Pacific's Motion Denied
Issues and Standard of Review
Analysis
Union Pacific's Assertions
The Court's Considerations
FELA Defendants
Union Pacific's Contentions
Summary Judgment on the Limitations Period
Plaintiff Learns of his Injury
The Trial Court's Decision
The Plaintiff's Argument
Did the Plaintiff Diligently Pursue his Claim?
The Court's Opinion
The Court's Conclusons

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see also:

Plantiff's Asbestos Exposure Asbestos exposure of Plaintiff Christensen v. Union Pacific case
Asbestos exposure in regards to the plaintiff: Keep reading

Issues and Standard of Review Christiansen v. Union Pacific: Issues and Standard of Review
The Christiansen v. Union Pacific decision

Christiansen v. Union Pacific Christiansen v. Union Pacific: Important Asbestos litigation decision
Read about the asbestos case of Christiansen v. Union Pacific