HELENA, Mont. – A recent federal jury verdict has held BNSF Railway accountable for contributing to the deaths of two individuals who were exposed to asbestos many years ago in a Montana town. The tainted mining material, which contained asbestos, was shipped through the town of Libby, where thousands of people have suffered from illnesses related to asbestos exposure.
The jury awarded $4 million each in compensatory damages to the estates of the two plaintiffs who passed away in 2020. They determined that the asbestos-contaminated vermiculite, which spilled in the rail yard in Libby, was a significant factor in causing the plaintiffs’ illnesses and subsequent deaths.
The verdict brought some measure of accountability for the families of the victims, although they acknowledged that no amount of money can replace their lost loved ones. Speaking of her sister, Joyce Walder, Judith Hemphill said, “I’d rather have her than all the money in the world.”
The vermiculite from Libby was widely used in insulation and for other commercial purposes in homes and businesses across the United States. It had high concentrations of naturally-occurring asbestos. Unfortunately, rail cars transporting the material would sometimes spill it in the Libby rail yard, leading to piles of vermiculite and dust blowing through the town.
The jury did not find that BNSF acted intentionally or with indifference, so no punitive damages were awarded. It is worth noting that Warren Buffett’s Berkshire Hathaway Inc. acquired BNSF in 2010, long after the W.R. Grace & Co. vermiculite mine near Libby had ceased operations.
The estates of the two victims argued that the railroad was aware of the dangers posed by the asbestos-tainted vermiculite but failed to address the issue. Both victims had lived near the rail yard and later succumbed to mesothelioma, a rare lung cancer associated with asbestos exposure.
While the pollution in Libby has been mostly cleaned up at public expense, health officials warn that the long timeframe for asbestos-related diseases means that more people who were previously exposed are likely to fall ill in the coming years.
This case represents the first of many lawsuits against BNSF Railway to reach trial regarding its past operations in Libby. Current and former residents of the town are seeking accountability from the railroad corporation, alleging that it played a role in exposing them to asbestos, leading to hundreds of deaths and illnesses.
In response to the verdict, Mark Lanier, an attorney for Walder and Hemphill’s estates, stated, “This is good news. This is the first community exposure case that will hold the railroad accountable for what they’ve done.”
BNSF is considering whether to appeal the decision. The company expressed its condolences, with Kendall Sloan, the railroad’s director of external communications, highlighting the challenge of evaluating conduct that took place over 50 years ago when BNSF did not exist.
During the trial, BNSF attorney Chad Knight argued that the railroad’s employees were unaware of the hazardous asbestos fibers in the vermiculite. He emphasized that in the ’50s, ’60s, and ’70s, the general public did not suspect any health concerns associated with the material.
Furthermore, the railroad’s experts suggested that the plaintiffs might have been exposed to asbestos in other locations. BNSF maintained that it was legally obligated to transport the vermiculite and that W.R. Grace employees had concealed the health hazards from the railroad.
While the jury focused on BNSF’s conduct in the Libby Railyard, rather than the transportation of the vermiculite itself, U.S. District Judge Brian Morris reminded jurors repeatedly that the case centered on the railroad’s actions, not on W.R. Grace’s separate liability. W.R. Grace operated the vermiculite mine near Libby and faced criminal charges in 2005, which ultimately resulted in acquittal.
Looking ahead, this landmark verdict marks an important step towards holding corporations accountable for their role in asbestos-related health crises. The success of this case may encourage other communities affected by similar issues to seek legal recourse against companies responsible for exposing them to hazardous materials.
The implications of this verdict extend beyond BNSF Railway and Libby. It raises broader questions about corporate responsibility and the need for stringent measures to prevent and address the harmful effects of toxic substances. As awareness of environmental risks continues to grow, it is crucial for companies to prioritize the health and safety of communities.
In light of emerging trends, it is likely that we will see an increased focus on holding corporations accountable for the long-term effects of their actions. Communities are becoming more empowered to seek justice and demand appropriate compensation for the health consequences they have suffered.
Recommendations for the industry include implementing rigorous safety protocols and regularly monitoring and addressing potential hazards associated with their operations. Open and transparent communication with affected communities is essential to building trust and addressing concerns.
Furthermore, regulatory bodies should strengthen regulations regarding the transportation and handling of hazardous materials. Stricter guidelines, coupled with effective enforcement mechanisms, will help prevent future incidents and protect both workers and communities from exposure to harmful substances.
In conclusion, the recent jury verdict against BNSF Railway in the Libby asbestos exposure case highlights the need for corporations to take responsibility for their actions and prioritize the well-being of communities. This landmark verdict sets a precedent for future legal action and emphasizes the importance of stringent safety protocols and transparent communication. By learning from this case, we can work towards a future where corporations are held accountable for their role in environmental and health crises, ultimately creating safer communities for all.