A trial is set to commence on Monday, involving Warren Buffett’s BNSF Railway, regarding the unfortunate deaths of two individuals due to lung cancer. These individuals resided in a small town in northwestern Montana, where a significant number of individuals were exposed to asbestos from a vermiculite mine.
Decades ago, the W.R. Grace & Co. mine near Libby was responsible for producing vermiculite that was contaminated with asbestos. This contamination had severe consequences for the residents, resulting in the illness of thousands and the unfortunate deaths of hundreds.
In 2021, the estates of Thomas Wells from LaConner, Oregon, and Joyce Walder from Westminster, California, filed a wrongful death lawsuit. They claim that BNSF and its corporate predecessors had stored vermiculite containing asbestos in a rail yard located in their town. This vermiculite was later transported to various plants where it was heated to expand and used as insulation.
According to the lawsuit, the railroad did not effectively control the dust from the vermiculite, resulting in the dispersal of both the vermiculite and the asbestos it contained throughout the town, without providing any warning to the residents about the potential hazards.
The lawsuit argues that individuals residing and working in Libby were exposed to microscopic needle-shaped asbestos fibers, which can lead to serious health conditions such as mesothelioma, a type of lung cancer, or asbestosis, a lung scarring condition.
Wells, aged 65, passed away on March 26, 2020, just a day after providing a 2 1/2-hour recorded deposition for the lawsuit. During the deposition, he spoke about his exposure to hazardous conditions while working seasonally for the U.S. Forest Service in the Libby area during the late 1970s and early 1980s. Wells expressed that the pain he endured was unbearable, and he felt guilty that his sons and friend had to take care of him during this difficult time.
In the fall of 2019, Wells received a diagnosis of mesothelioma after experiencing back pain and developing a persistent cough. At first, there was hope for a surgical solution, but that option was soon ruled out. Despite undergoing chemotherapy, Wells found little relief, and he was forced to sell his house in order to manage the mounting medical expenses.
Walder, aged 66, passed away in October 2020. She resided in Libby for over two decades, where she might have been exposed to asbestos. Court records suggest that her exposure could have occurred while fishing and floating on a river that passed by an area where vermiculite was loaded onto train cars. Additionally, her exposure might have been a result of playing on a baseball field near the rail yard or walking along the railroad tracks. According to court records, Walder occasionally heated up pieces of vermiculite to observe its expansion.
BNSF Railway is expected to present the argument that there is no evidence to support the claim that Wells and Walder were exposed to levels of asbestos that exceed federal limits. Furthermore, if they were indeed present in the rail yard, it could be argued that they were trespassing. Additionally, BNSF will assert that the medical conditions experienced by Wells and Walder were not caused by the company.
The trial, which is being presided over by U.S. District Court Judge Brian Morris, is anticipated to span a minimum of two weeks, according to his statement.
In the ongoing legal battle, Morris has already made a ruling that BNSF is not allowed to deflect responsibility onto other potentially liable companies regarding asbestos exposure in Libby. However, the railway company is likely to assert that any payments made to Wells, Walder, or their estates by other parties responsible for asbestos exposure should be subtracted from any damages awarded in this particular case.
The devastating impact on both humans and the environment in Libby has resulted in numerous civil claims filed by a multitude of residents. These claims include individuals who were employed at the mine or railroad, family members of workers who unknowingly carried asbestos fibers home on their clothing, as well as residents who believe their exposure to asbestos occurred in other locations.
W.R. Grace & Co., BNSF Railway, and several other businesses, along with their insurers, have paid out millions of dollars in legal settlements. In 2021, W.R. Grace paid $1.8 billion into an asbestos trust fund, following its emergence from bankruptcy protection. Prior to this, the company had already resolved numerous individual cases.
Next month, a trial is set to take place in U.S. District Court in Missoula regarding another case against BNSF Railway. The case alleges that the community, rather than work-related activities, was exposed to asbestos. Representing the estate of Mary Diana Moe, attorney Ross Johnson states that she sadly passed away at the age of 79 in December 2022 due to mesothelioma.
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