Federal Jury Says BNSF Railway Played a Part in Libby Deaths

A federal jury’s verdict in favor of the plaintiff in a wrongful death lawsuit finds BNSF Railway contributed to the deaths of Thomas Wells and Joyce Walder. Jurors agreed with the plaintiff’s argument that asbestos-contaminated vermiculite in the railyard was a considerable factor in these deaths. The estates of Wells and Walder filed the wrongful death lawsuit in 2021. Both Wells and Walder lived near the railyard and were both diagnosed with mesothelioma and died in 2020. Compensatory damages of $4 million each will be awarded to their estates. The plaintiffs argued BNSF knew that vermiculite contaminated with asbestos was harmful, but didn’t properly clean up the railyard. While the jury did find BNSF Railway was negligent, it didn’t find that the company acted intentionally or with indifference so no punitive damages will be awarded.  BNSF attorney Chad Knight says the railroad’s employees didn’t know the vermiculite was contaminated with toxic asbestos fibers. The railroad contends it was just doing its job of shipping the vermiculite across the country to be used in products such as insulation. BNSF is considering an appeal. This is the first of several lawsuits filed against BNSF Railway. The next trial concerning the death of a Libby resident against BNSF is set to begin in federal court in May 2024.  An attorney for the plaintiffs says the jury’s decision brought some accountability, but one family member told The Associated Pr...
Source: Asbestos and Mesothelioma News - Category: Environmental Health Authors: Tags: Asbestos (general) Asbestos Exposure Companies Legal Mesothelioma Source Type: news