A federal jury has found that BNSF Railway, a subsidiary of Berkshire Hathaway, bears partial responsibility for the deaths of two individuals who were exposed to asbestos decades ago through tainted mining material shipped through Libby, Montana. The jury awarded $4 million each in compensatory damages to the estates of the two plaintiffs, who passed away in 2020. However, punitive damages were not awarded, as the jury did not find sufficient evidence to suggest that BNSF acted with intent or indifference.
Attorneys representing the victims’ estates argued that BNSF was aware of the dangers posed by asbestos-contaminated vermiculite but failed to take appropriate action. Conversely, the railroad’s legal team maintained that its employees were not aware of the hazardous microscopic asbestos fibers present in the material transported over decades from a nearby mine.
This case marks the first trial among several lawsuits filed against BNSF concerning its historical operations in the small Montana town of Libby.
