The trial against Warren Buffett’s BNSF Railway began on Monday in relation to the lung cancer deaths of two individuals who lived in a small town in Montana where thousands were exposed to asbestos from a vermiculite mine. The W.R. Grace & Co. mine near Libby had produced contaminated vermiculite for decades, leading to sickness and deaths of hundreds. The estates of Thomas Wells and Joyce Walder filed a wrongful death lawsuit in 2021 claiming that BNSF stored asbestos-laden vermiculite in a rail yard in town, leading to exposure for residents.
Wells, who passed away in 2020, stated in a recorded deposition that he was diagnosed with mesothelioma after working for the U.S. Forest Service in the 1970s and 1980s. He described his pain as intolerable and had to rely on his sons and friend for care. Walder, who died in 2020 as well, lived in Libby for 20 years and may have been exposed to asbestos while fishing on a river that passed by the mine. BNSF is expected to argue that there is no proof of excessive asbestos exposure and that the medical conditions of Wells and Walder were not caused by the railway.
U.S. District Court Judge Brian Morris is presiding over the trial, which is projected to last at least two weeks. Morris has already ruled that BNSF cannot shift blame to other companies liable for asbestos exposure in Libby, but the railway may argue that damages should be reduced by amounts paid by other responsible parties. The disaster in Libby has led to civil claims by thousands of residents, resulting in multimillion-dollar settlements for companies and insurers involved.
The legal settlements include payments from W.R. Grace & Co. to an asbestos trust fund, which the company contributed $1.8 billion to in 2021 after emerging from bankruptcy. BNSF Railway and other businesses have also settled numerous individual cases related to asbestos exposure in Libby. Another case against BNSF Railway concerning community exposure to asbestos is set for trial in the coming month in Missoula, involving the estate of Mary Diana Moe, who passed away from mesothelioma at age 79 in 2022.
The trial against BNSF Railway over asbestos exposure in Libby sheds light on the long-lasting impact of the environmental disaster in the small town. Residents, workers, and family members have been affected by the exposure to asbestos, leading to sickness and deaths. The legal proceedings aim to hold responsible parties accountable for their role in the asbestos contamination and seek justice for those impacted by the ongoing health issues resulting from the exposure. The trial represents a continued effort to address the consequences of the disaster and provide compensation to those affected by the negligence of companies involved in the vermiculite mining and transportation processes.
