HELENA, Mont. – BNSF Railway, a Texas-based railroad corporation, faces a federal civil court trial following allegations of its involvement in the asbestos exposure that has devastated the small town of Libby, Montana. The case revolves around the lung cancer deaths of two former residents in what is considered one of the deadliest sites under the federal Superfund pollution program.
During the trial, BNSF Railway’s attorneys argued that the corporation should not be held liable for the deaths of the two individuals. They cited that the railroad’s predecessors were unaware of the hazardous asbestos fibers present in the vermiculite they transported from a nearby mine over several decades. The defense emphasized that information available at the time did not raise concerns about the health hazards associated with asbestos exposure.
The jury, consisting of seven members, deliberated on the case with instructions to determine the railroad’s fault in the deaths and assess damages to be awarded to the estates. Should the jury find fault, the amount of punitive damages, if applicable, would be decided in a separate hearing.
The trial also shed light on W.R. Grace & Co., a chemical company that operated a vermiculite mine near Libby until its closure in 1990. The company’s role in the town’s tragedy has been significant, with settlements paid to victims of asbestos exposure. U.S. District Court Judge Brian Morris referred to W.R. Grace as a prominent factor in the trial, emphasizing that the focus should remain on BNSF Railway’s conduct.
Witness testimonies revealed contrasting views on the extent of information shared between W.R. Grace and BNSF Railway regarding asbestos dangers. Plaintiffs argued that while corporate officials may have been aware, workers on the ground in Libby were left uninformed about the risks associated with asbestos exposure.
Family members of the deceased plaintiffs recounted the devastating impact of the asbestos-related illnesses, attributing their loved ones’ deaths to the dust emanating from the rail yard. With evidence of warning labels on rail cars carrying vermiculite, the plaintiffs argued that BNSF should have been aware of the potential health risks and taken appropriate actions to mitigate harm.
The trial underscored the long-lasting repercussions of asbestos exposure in Libby, prompting increased scrutiny on corporate accountability and public health interventions in communities affected by environmental hazards. Despite the cleanup efforts in Libby, health officials anticipate continued health issues among individuals previously exposed to asbestos in the town.