MISSOULA, Mont. — BNSF Railway is appealing the results of a recent trial that found the railroad liable in the deaths of two people exposed to asbestos when mining materials were shipped from the town of Libby, Mont., delaying the start of a similar case, Montana Public Radio reports.
In April, a jury found the railroad contributed to the deaths of two people from mesothelioma, a lung cancer linked to asbestos exposure, and awarded $4 million in compensatory damages to the estates of each of the two plaintiffs, who died in 2020 [see “BNSF found liable …,” Trains News Wire, April 25, 2024]. Because the railroad was found to have not acted intentionally or indifferently, no punitive damages were awarded. That result is being appealed to the U.S. Ninth Circuit Court of Appeals, which is based in San Francisco but also hears cases in Seattle; Portland, Ore.; or Pasadena, Calif.
Because of the appeal, U.S. District Court Judge Dana Christiansen has agreed with a BNSF request to put on hold a similar asbestos case that was scheduled to go to trial this week in Missoula. More than 350 claims are active against BNSF related to alleged impacts of asbestos contamination, according to Montana Public Radio. The railroad declined to comment on the appeal, MPR reports.
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