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Associated Press, 4/19/24

BNSF Railway says it didn’t know about asbestos that’s killed hundreds in Montana town

 

HELENA, Mont. (AP) — BNSF Railway attorneys told a Montana jury Friday that the railroad should not be held liable for the lung cancer deaths of two former residents of an asbestos-contaminated Montana town, one of the deadliest sites in the federal Superfund pollution program.

 

Attorneys for the company say the corporate predecessors of the railroad, owned by Warren Buffett’s Berkshire Hathaway conglomerate, didn’t know the vermiculite they hauled over decades from a nearby mine was filled with hazardous microscopic asbestos fibers or that asbestos was dangerous.

 

BNSF attorney Chad Knight said the railroad could only be held liable if it could have foreseen the health hazards of asbestos based on information available decades ago when the alleged exposures happened.

 

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Associated Press, 5/22/24

Jury: BNSF Railway contributed to 2 deaths in Montana town where asbestos sickened thousands

 

HELENA, Mont. (AP) — A federal jury on Monday said BNSF Railway contributed to the deaths of two people who were exposed to asbestos decades ago when tainted mining material was shipped through a Montana town where thousands have been sickened.

 

The jury awarded $4 million each in compensatory damages to the estates of the two plaintiffs, who died in 2020. Jurors said asbestos that spilled in the rail yard in the town of Libby, Montana was a substantial factor in the plaintiffs’ illnesses and death.

 

The jury did not find that BNSF acted intentionally or with indifference so there will be no punitive damages awarded. Warren Buffett’s Berkshire Hathaway Inc. acquired BNSF in 2010, two decades after the vermiculite mine in Libby shut down and stopped shipping its contaminated product by rail.

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