Lawsuit to Pit Libby, Montana Mesothelioma Victims Against BNSF Railway
A lawsuit scheduled to begin on April 8th of this year will see two families who lost loved ones to mesothelioma demanding justice from the Burlington Northern Santa Fe Railway. The case accuses the company of negligently exposing their family members to asbestos-contaminated vermiculite it was transporting from the infamous W.R. Grace & Company vermiculite mine.
Libby, Montana Was the Site of Asbestos Exposure That Caused Mesothelioma
There have been thousands of people sickened by malignant mesothelioma and other asbestos-related diseases because of the W.R. Grace & Co. vermiculite mine in Libby, Montana, but the mining company was not the only one that was negligent in its handling of the carcinogenic material. Numerous other companies involved in the mining, transport, and sale of the toxic material have been held responsible for the injury the product has caused.
In two months, several of those companies will have to face a jury as they defend themselves against charges of negligence in the mesothelioma deaths of two Libby, Montana residents. The families of Thomas Wells and Joyce Walder have accused the company and others of strict liability and negligence in their deaths. The families are seeking both economic damages and punitive damages meant to send a strong message about the need for companies to take responsibility for their recklessness and disregard.
Suit Blames Open Rail Cars Loaded with Vermiculite for Mesothelioma Deaths
The evidence that the Wells and Walder families plan to present reveals that despite BNSF’s knowledge of the dangers of asbestos-contaminated vermiculite, the company used open rail cars to transport crushed vermiculite ore from the mine down the “Libby Logger” line to their railyard, leading to their inhaling the carcinogenic fibers and their subsequent mesothelioma diagnosis.
The mesothelioma victims’ families’ claim cites evidence that between 1925 and 1981, BNSF railway transported up to 105,000 pounds of asbestos every day. This led to Mr. Wells, who lived in a trailer one-quarter mile from the railyard, and Ms. Walder, who walked along the railroad tracks daily, to breathe in significant amounts of the toxic fibers, leading to their illnesses and deaths.
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