The son of a longtime BNSF Railway employee has filed a lawsuit against the freight transportation company, accusing it of being liable for his father’s fatal pleural mesothelioma. Thomas C. Payne, Jr.’s claim against the company cites both occupational exposure to asbestos and secondary exposure that his father suffered as a child.
Mesothelioma Victim Worked for Railway for Four Decades
Thomas C. Payne, Sr., died of mesothelioma in 2022 after having worked for BNSF as a fireman and engineer from 1949 to 1989. The lawsuit claims that the lifelong California resident was exposed to asbestos while working at BNSF Railway sites in both Livingston, California, and Libby, Montana, and was never told that his work was putting him at risk.
The mesothelioma lawsuit claims, “He worked around boilers, valves, pumps, and compressors as they were being repaired, all of which contained and released asbestos fibers into his workspace,” and says that BNSF never gave his father information about the dangers posed by the toxic material or provided him with “safe and suitable tools, devices, and equipment, including adequate ventilation, protective masks, respirators, and/or protective inhalation devices.”
Secondary Asbestos Exposure Also Cited in Mesothelioma Claim
In addition to citing occupational exposure in the mesothelioma lawsuit, Mr. Payne also points to his father’s exposure to the asbestos-covered work clothes that his grandfather wore home each day when he, too, worked for BNSF. This secondary exposure has been established as a serious risk and cause of mesothelioma for family members of workers employed in asbestos-contaminated workplaces or who worked with asbestos-containing products.
“The environment of the family homes and vehicles became contaminated with asbestos fibers,” reads the complaint. “Given the durable, microscopic, and invisible nature of the asbestos fibers carried into [his father’s] living areas and vehicles, these fibers remained to be re-entrained long after they were introduced, including well after [his father] retired from his BNSF employment.”
Court Denies Railway’s Attempt to Have Mesothelioma Lawsuit Dismissed
In response to the claim, BNSF filed a petition to have the mesothelioma lawsuit dismissed, arguing that it should not be held liable because it had neither manufactured nor distributed the products that Mr. Payne says caused his father’s death. The railway also argued several aspects of workplace law having to do with railway liability, but the judge hearing the case denied those motions.
The trial is scheduled to be heard in Livingston, California, in June.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
