A wrongful death case against Warren Buffet’s BNSF Railway is currently underway, with the estates of two mesothelioma victims accusing the railroad of polluting Libby, Montana with asbestos-contaminated vermiculite. Thomas Wells, a retired middle school teacher, was diagnosed with mesothelioma at age 65 and passed away a day after his diagnosis. Portions of Wells’ deposition were played for the jury, detailing his pain and suffering due to the illness. Another victim, Joyce Walder, also succumbed to mesothelioma at 66 after being exposed to asbestos fibers in the community.
The lawsuit alleges that BNSF exposed the residents of Libby to asbestos fibers through contaminated vermiculite that was transported through the town’s rail yard for much of the last century. The W.R. Grace & Co. mine outside Libby produced the contaminated vermiculite, leading to thousands of illnesses and deaths in the community. The U.S. Environmental Protection Agency declared a public health emergency in Libby in 2009, marking it as one of the deadliest sites under the federal pollution program. BNSF attorneys have denied the claims and are set to present their defense in court.
Evidence presented in the trial includes insurance claims for leaked asbestos from rail cars in the 1970s and placards warning of asbestos fibers in the cargo. Residents of Libby have recounted encountering vermiculite along BNSF tracks where children often played, leading to potential exposure to harmful asbestos fibers. Plaintiffs’ expert Steven Compton highlighted the airborne nature of these fibers, stating they can remain in the air for extended periods depending on conditions, posing a significant health risk to those in the vicinity.
The victims, Thomas Wells and Joyce Walder, both suffered greatly from mesothelioma, with Wells passing away shortly after his diagnosis and Walder enduring chemotherapy and surgery before succumbing to the disease. Both victims had ties to the Libby community and were potentially exposed to asbestos fibers in various locations such as the high school track, baseball fields, and residential areas near the rail yard. Family members testified to the devastating impact of the illness on their loved ones, with Sean Wells describing his father as a wonderful teacher and best friend who he greatly misses.
The trial marks the first instance of BNSF being held accountable for asbestos exposure in Libby and comes after years of litigation from asbestos victims against the railroad. BNSF attorneys have attempted to cast doubt on the rail yard as the source of the plaintiffs’ medical problems, citing widespread asbestos dust in the area during the mine’s operation. The case emphasizes the long-lasting health consequences of asbestos exposure and the responsibility of corporations to protect the well-being of communities impacted by their operations. The testimonies and evidence presented shed light on the devastating effects of mesothelioma and the need for justice for victims and their families.
As the trial progresses, more details regarding the alleged negligence of BNSF Railway and the impact of asbestos exposure on the Libby community will come to light. The tragic stories of Thomas Wells and Joyce Walder serve as reminders of the importance of environmental safety and corporate responsibility in protecting public health. The outcome of this case could set a precedent for future asbestos-related lawsuits and hold accountable those responsible for endangering the lives of innocent individuals through negligent actions.
