Union Pacific’s Contentions

11 Union Pacific contends that Christiansen has failed to produce evidence that (1) he was exposed to a hazardous level of asbestos and (2) Union Pacific was aware that the level of exposure was hazardous.

It is undisputed that Christiansen was employed by Union Pacific during 1951, at which time his jobs involved some exposure to asbestos products. Christiansen further alleges that he was exposed to a hazardous level of asbestos material while removing and replacing asbestos products on Union Pacific locomotives as a machinist in the company's roundhouse and that Union Pacific was aware that the exposure would foreseeably result in injury. As evidence of this, Christiansen offered a railroad expert's affidavit, in which the expert analyzes the asbestos exposure of another Union Pacific worker between 1941 and 1981.

Although Christiansen's employment experience was not as long or as varied as the other employee's, the affidavit addresses generally the level of airborne asbestos fibers generated by machinists in a Union Pacific roundhouse while removing and replacing asbestos products, and estimates the levels to be approximately five to one hundred fibers per cubic centimeter. The expert concludes that the level of roundhouse asbestos exposure could "present a significant health hazard." The expert also states that he is familiar with the notes and reports of the American Association of Railroads, with which Union Pacific was affiliated, that indicate the Association was aware as early as the mid-1930s that asbestos presented a health hazard.

Given the reduced evidentiary standard under FELA and the preference to allow juries to determine issues of fault, we conclude that Christiansen has provided sufficient evidence to allow a reasonable jury to infer that, based on the expert testimony Christiansen offered, Union Pacific failed to provide a safe workplace. Accordingly, we affirm the trial court's denial of summary judgment on this issue.