BNSF Railway Held Accountable in Montana Asbestos Case
HELENA, Montana – In a groundbreaking verdict, a federal jury concluded that BNSF Railway, a subsidiary of Warren Buffett’s Berkshire Hathaway, bears responsibility for the deaths of two individuals exposed to asbestos decades ago. The toxic mineral was shipped through a Montana town, resulting in severe illnesses for many residents. The jury awarded $4 million each in compensatory damages to the estates of the two plaintiffs who tragically passed away in 2020.
Tragedy Strikes
The jury’s decision emphasized that asbestos-contaminated vermiculite, which had spilled in the rail yard of Libby, Montana, played a significant role in the illnesses and subsequent deaths. The affected individuals’ family members embraced their attorneys upon hearing the verdict. While the ruling symbolizes a measure of accountability, one family member acknowledged that no amount of money can replace the loss of a loved one. Judith Hemphill, sister of Joyce Walder, lamented, “I’d rather have her than all the money in the world.”
Lingering Impact
The vermiculite from Libby, characterized by high concentrations of naturally-occurring asbestos, found widespread use in insulation and various commercial applications across the United States. Railroad cars transporting the mineral would occasionally spill it in the Libby rail yard. Residents vividly recalled observing vermiculite piles in the yard, with the wind carrying asbestos-laden dust throughout downtown Libby.
BNSF Railway’s Negligence
The plaintiffs successfully argued that the railroad had knowledge of the hazards associated with asbestos-tainted vermiculite but failed to adequately clean it up. Both victims had resided near the rail yard for decades and tragically succumbed to mesothelioma, a rare asbestos-related lung cancer.
Legal Implications
Although the jury did not find BNSF’s actions to be intentionally or indifferently harmful, the compensatory damages still hold significant importance. The rail giant, acquired by Berkshire Hathaway in 2010, is currently contemplating whether to appeal the verdict.
Further Environmental Impact
Efforts to remediate the environmental repercussions in Libby have largely been shouldered by the public. W.R. Grace & Co., the vermiculite mine’s former owner, paid $1.8 billion into an asbestos trust fund after filing for bankruptcy in 2001. Nonetheless, the delayed onset of asbestos-related diseases means that individuals previously exposed to the toxic mineral remain at risk for years to come.
Libby’s Quest for Justice
The present trial, addressing the deaths of the two victims, sets the stage for numerous other lawsuits targeted against BNSF Railway. Former and current residents of the small town near the U.S.-Canada border seek accountability, as they attribute the corporation’s operations to the widespread asbestos exposure that has claimed hundreds of lives and sickened thousands. Mark Lanier, an attorney representing the estates of Walder and Hemphill, expressed satisfaction with the verdict, stating, “This is the first community exposure case that will hold the railroad accountable for what they’ve done.”
BNSF Responds
BNSF’s spokesperson, labeling the case as “very sad,” announced that the company is evaluating its options for a potential appeal. The jury’s task of evaluating events that transpired over half a century ago, preceding the existence of BNSF, presented inherent challenges.
Source: AP News
