A trial commences on Monday against Warren Buffett's BNSF Railway concerning the lung cancer deaths of two individuals who resided in Libby, Montana, a town where numerous people were exposed to asbestos from a vermiculite mine. The W.R. Grace & Co. mine near Libby produced contaminated vermiculite for decades, leading to the sickness of thousands and the deaths of hundreds.
The estates of Thomas Wells and Joyce Walder filed a wrongful death lawsuit in 2021, alleging that BNSF and its predecessors stored asbestos-laden vermiculite in a rail yard in town, allowing the dust to spread without warning residents about its dangers. The lawsuit argues that exposure to asbestos fibers from the vermiculite led to lung cancer and other respiratory illnesses.
Wells, who passed away in 2020, attributed his mesothelioma diagnosis to his exposure during work in the Libby area in the late 1970s and early 1980s. Similarly, Walder, who died in 2020, may have been exposed to asbestos while engaging in various activities near the contaminated areas.
BNSF Railway is expected to contest the claims, arguing that there is no concrete evidence of excessive asbestos exposure and that the medical conditions of the deceased were not caused by the company. The trial, overseen by U.S. District Court Judge Brian Morris, is anticipated to last at least two weeks.
The legal battle in Libby has resulted in civil claims by numerous residents, with settlements reaching millions of dollars for companies like W.R. Grace & Co. and BNSF Railway. Despite the ongoing litigation, the community continues to grapple with the aftermath of the asbestos exposure that has affected generations of residents.
Another case against BNSF Railway, focusing on community exposure to asbestos, is scheduled for trial next month in U.S. District Court in Missoula. The legal proceedings shed light on the devastating impact of asbestos contamination in Libby and the ongoing quest for justice for those affected.
