The trial against Warren Buffett’s BNSF Railway begins on Monday in a case related to the lung cancer deaths of two individuals who lived in Libby, Montana, where residents were exposed to asbestos from a vermiculite mine operated by W.R. Grace & Co. The estates of Thomas Wells and Joyce Walder filed a wrongful death lawsuit, alleging that BNSF failed to contain the dust from the asbestos-laden vermiculite, leading to the exposure of residents to harmful asbestos fibers.
The lawsuit argues that people who lived and worked in Libby were exposed to microscopic asbestos fibers, which can cause lung cancer and other serious health conditions. Thomas Wells, who died in 2020, shared his experience of exposure while working in the area during the late 1970s and early 1980s. He was diagnosed with mesothelioma in 2019 and endured painful treatments before ultimately passing away. Joyce Walder, who died in 2020, may have been exposed to asbestos while living in Libby and engaging in activities near the vermiculite loading area.
BNSF Railway is expected to argue in court that there is no definitive proof that Wells and Walder were exposed to asbestos levels above federal limits, and that their medical conditions were not caused by the company. U.S. District Court Judge Brian Morris is overseeing the trial and has ruled out any attempts by BNSF to shift blame onto other companies responsible for asbestos exposure in Libby. The trial is expected to last at least two weeks, during which evidence and testimonies will be presented.
The community of Libby has been significantly impacted by the asbestos exposure, leading to civil claims by thousands of residents, including workers at the mine and railroad, as well as their family members and others who believe they were exposed elsewhere. Legal settlements with W.R. Grace & Co., BNSF Railway, and other businesses have amounted to millions of dollars, with W.R. Grace contributing $1.8 billion to an asbestos trust fund in 2021. Another case involving community exposure to asbestos is scheduled to go to trial in Missoula next month.
The trial against BNSF Railway highlights the ongoing consequences of the environmental and health disaster in Libby, Montana, caused by exposure to asbestos from the vermiculite mine. The legal proceedings seek to hold accountable those responsible for the exposure and resulting health issues faced by residents. As the trial progresses, the court will assess the evidence presented by both parties and determine the extent of liability for BNSF Railway in the lung cancer deaths of Thomas Wells and Joyce Walder.
