BNSF Railway Found Negligent in Asbestos Case, Ordered to Pay $8 Million in Damages

A federal jury delivered a historical verdict on Monday, April 22, determining that BNSF Railway was responsible for the deaths of two individuals who were exposed to asbestos in Montana decades ago. The contaminated material was shipped through the town of Libby, resulting in widespread illness. The jury awarded $4 million each in compensatory damages to the estates of the two plaintiffs, who tragically passed away in 2020.

Jurors found that asbestos-contaminated vermiculite spilled in the rail yard of Libby was a significant factor in the plaintiffs’ illnesses and subsequent deaths. Family members of the victims embraced each other as the verdict was announced, finding some solace in the accountability brought about by the ruling. However, one family member expressed that no amount of money could replace the loss of her sister, emphasizing the emotional toll of the situation.

Lack of Punitive Damages

While the jury recognized BNSF Railway's contribution to the victims' illnesses and deaths, it did not find evidence of intentional or indifferent behavior. Consequently, no punitive damages were awarded. This decision reflects the acquisition of BNSF by Warren Buffett's Berkshire Hathaway Inc. in 2010, long after the events related to the case took place.

Attorneys for the estates of the deceased emphasized that the railroad was aware of the dangers posed by the asbestos-tainted vermiculite but failed to take appropriate action. The victims succumbed to mesothelioma, a rare lung cancer associated with asbestos exposure. It's important to note that while the pollution in Libby has been largely addressed at public expense, the long latency period for asbestos-related diseases means that individuals previously exposed are still at risk of falling ill.

Community Response and Railroad's Defense

Residents of Libby and its surroundings seek accountability from BNSF Railway, holding the corporation responsible for its role in the asbestos exposure that has claimed hundreds of lives and affected thousands. Attorney Mark Lanier expressed that this verdict is a positive development for the community and sets a precedent for holding the railroad accountable. However, BNSF's attorney, Chad Knight, maintained that the railroad's employees were unaware of the hazardous nature of the vermiculite during the relevant time period.

During the trial, the railroad's experts suggested that the plaintiffs could have been exposed to asbestos from other sources, while also pointing out that the railroad was legally obligated to transport the vermiculite. Additionally, the court highlighted that BNSF's negligence was to be assessed solely based on its actions in the Libby Railyard, rather than for the transportation of the vermiculite. Furthermore, the trial shed light on BNSF's formation in 1995 through a merger, and the role of W.R. Grace & Co., the company that operated the vermiculite mine near Libby.

Historical Impact and Legal Focus

The legal proceedings underscored the significant role of W.R. Grace & Co. and its connection to the tragedy in Libby, emphasizing that the focus of the case was on the conduct of BNSF Railway. While W.R. Grace has paid substantial settlements to victims, the current case concentrated on the accountability of the railroad. The trial also referenced the intervention of the Environmental Protection Agency in response to the public health emergency in Libby, marking it as the nation’s first public health emergency under the federal Superfund cleanup program.

Another trial involving the death of a Libby resident is scheduled for May in federal court in Missoula, indicating that legal actions against BNSF Railway are ongoing and extend beyond the case at hand.