Trial Court’s Decision

14 The trial court determined in its memorandum decision granting summary judgment in favor of Union Pacific that Christiansen "knew or reasonably should have known of his injury and its cause by the mid-1990[]s" because he "admits subjectively believing asbestos was harmful and that his illness was caused by asbestos."

Although the trial court did not reference the portions of the record upon which it relied, Union Pacific contends that this conclusion is supported by the following admissions made by Christiansen:

He was aware at some point in the mid-1980s that asbestos was dangerous;

He noticed breathing problems in the early 1990s, which caused him to retire around 1995;

He stated that at about that time "I decided in my own mind the connection to asbestos";

He sought medical help and, although doctors did not conclude it was asbestos-related, he "kind of knew in [his] own mind what was causing it"; and When he was diagnosed with asbestosis in 2002, he was not surprised because "[i]t just confirmed what [he] had thought for quite a while." It also appears from Christiansen's deposition that he was aware of coworkers who had died after experiencing similar symptoms.