BNSF Railway Held Liable for Mesothelioma Deaths in Montana Asbestos Case
A federal jury has found BNSF Railway liable for the deaths of two individuals who were exposed to asbestos decades ago in the Montana town of Libby. The jury awarded $4 million each to the plaintiffs’ estates, finding that asbestos-contaminated vermiculite shipped through the town by BNSF played a role in their illnesses and deaths.
The case is the first of numerous lawsuits against BNSF over its past operations in Libby, where thousands have been sickened by asbestos exposure. The pollution has been largely cleaned up at public expense, but health officials say people previously exposed are likely to continue getting sick for years to come.
The jury did not find that BNSF acted intentionally or with indifference, so no punitive damages were awarded. However, the verdict brings some accountability for the railroad’s past actions.
BNSF attorney Chad Knight declined to comment after the verdict. He had told jurors last week that the railroad’s employees didn’t know the vermiculite was filled with hazardous microscopic asbestos fibers.
The railroad’s experts also suggested during the trial that the plaintiffs could have been exposed to asbestos elsewhere. However, the jury found that BNSF’s actions in the Libby Railyard were a substantial factor in the plaintiffs’ illnesses and deaths.
The case was the first of numerous lawsuits against BNSF over its past operations in Libby. A second trial against the railroad over the death of a Libby resident is scheduled for May in federal court in Missoula.
