HELENA, Mont. – A federal jury in Montana delivered a verdict on Monday finding that BNSF Railway had played a role in the deaths of two individuals due to asbestos exposure in the town of Libby. The jury awarded $4 million each in compensatory damages to the estates of the deceased plaintiffs, who passed away in 2020. The verdict highlighted how asbestos-contaminated vermiculite had affected the victims’ health, leading to their untimely deaths.
Family members of the victims expressed a mixture of emotions – relief at the accountability brought by the ruling, but also the irreplaceable loss of their loved ones. The presence of asbestos-contaminated vermiculite in Libby, utilized widely in insulation and other commercial applications, had long-lasting repercussions for the community. In this case, the jury did not find evidence of intentional or indifferent actions on the part of BNSF, hence punitive damages were not awarded.
Residents of Libby have recounted instances of vermiculite spills in the rail yard, with dust from the facility dispersing through the town. Despite efforts to clean up the pollution in Libby, the legacy of asbestos exposure continues to impact individuals, as the diseases connected to asbestos have a lengthy latency period. The case against BNSF marked the first of several lawsuits to reach trial, holding the railroad accountable for its historical operations in Libby.
While BNSF spokespersons reflected on the jury’s decision, the attorney for the victims’ estates emphasized the significance of the verdict in community exposure cases. The defense argued that employees in earlier decades were unaware of the health risks associated with vermiculite, portraying the context in which the contamination occurred. The trial shed light on the railroad’s responsibilities in handling the hazardous material, distancing itself from the concealment of health hazards by other entities.
Former residents of Libby have expressed gratitude for the substantial award received by the victims’ estates, reflecting on personal encounters with vermiculite and the subsequent health challenges faced by their families. The merging of Burlington Northern railroad and Santa Fe Pacific Corporation to form BNSF in 1995 underscored the historical footprint of railroad operations in the region. As legal proceedings continue, the focus remains on ensuring accountability for past actions and seeking justice for affected individuals and families in Libby.