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.

railroad tracks

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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Paul Danziger

Paul Danziger

Reviewer and Editor

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

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