Libby, Montana is central in the annals of asbestos contamination, lung cancer, and malignant mesothelioma because of its proximity to the W. R. Grace & Co. vermiculite mine. Thousands were sickened by exposure to the carcinogen that contaminated the vermiculite, and there have been countless legal actions as a result. An upcoming trial will hear the stories of two Libby residents whose survivors have filed suit against the Burlington Northern Santa Fe Railway.
Families Blame Railway for Loved Ones’ Mesothelioma Deaths
A mesothelioma lawsuit was filed against Burlington Northern Santa Fe Railway Company (BNSF) and others by the families of Thomas Wells and Joyce Walder, both of whom were Libby residents who died of malignant mesothelioma. The families’ suit accuses the companies of negligence and strict liability and seeks compensation and punitive damages for their wrongful deaths.
According to the filing, Both Wells and Walder were exposed to airborne amphibole asbestos dust when open rail cars were loaded with crushed vermiculite ore at the mine and then traveled along the company’s “Libby Logger” line to the company’s railyard in downtown Libby. Based on the amount of asbestos in the range of asbestos content of the processed vermiculite that BNSF handled, the families estimate that between 1925 and 1981, up to 105,000 pounds of asbestos were carried into town each day.
Mesothelioma Victims Had Different Asbestos Exposures
The two families both point to BNSF as being responsible for their loved ones’ exposure to extraordinarily high levels of asbestos: both were constantly near the railyard, with Mr. Wells having lived one-quarter mile from the railyard and spending one summer living in a trailer home abutting the railyard, while Ms. Walder’s family tells of her daily walks on the railroad tracks to get from her home to the nearby ball fields. Both tell of dust containing asbestos drifting through the community and being blown during high winds.
As the trial date nears, both sides have been filing separate motions, with the families asking for expert witness testimony to be stricken and BNSF requesting that the claims be dismissed. The court has generally denied both sides’ requests. The trial is scheduled for April 8, 2024.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
