Plaintiff's Asbestos Exposure
In this case, the Plaintiff suffered exposure to asbestos while working for Union Pacific in 1951 where he installed and removed asbestos-containing components. He was subsequently employed in several other occupations involving asbestos until 1970, at which time he began work as a roofer.
Some time in the mid-1980s Christiansen learned that asbestos was considered dangerous and that most businesses were discontinuing its use. In the early 1990s, he began developing breathing problems, which became so severe that he retired around 1995 and filed a Social Security disability claim.
Believing his condition to be caused by his asbestos exposure at work, he visited several doctors who diagnosed the symptoms variously as congestion, pneumonia, and bronchitis. During this time period, a pulmonologist specifically rejected Christiansen's concern that his lung problems were caused by asbestos exposure and diagnosed the condition as congestion.
Christiansen filed a claim against Union Pacific in January 2002, and later that year, a doctor performed an extensive examination and diagnosed his condition as asbestosis.
Courtesy of Christiansen v. Union Pacific
Christiansen v. Union Pacific: Union Pacific's Assertions