This section contains the nature of the case and procedural background.

Buckley (P) worked as a pipe fitter for Metro (D). From 1985-1988, P was exposed to asbestos for one hour per working day. P would remove insulation from pipes and often was covered in the dust from them, and that dust contained asbestos. P sued for the exposure and negligent infliction of emotional distress, as he feared he would develop cancer; although P did not show signs of any illness. Medical experts testified that the exposure increased his risk of contracting cancer by 1-5%. P sued D under FELA and sought damages for emotional distress. The trial court found that P did not offer sufficient evidence to allow a jury to find that he suffered a real emotional injury.

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