HELENA, Mont. — A federal jury found earlier this week that BNSF Railway contributed to the death of two people who were exposed to asbestos when mining material was shipped through the town of Libby, Mont., and awarded $4 million each in compensatory damages to the estate of the two plaintiffs, who died in 2020
The Associated Press reports that the railroad did not act intentionally or with indifference, so no punitive damages were awarded. BNSF’s attorney had argued the railroad should only be held liable if it could have foreseen the health hazards of the vermiculite it hauled based on the information available at the time [see “BNSF states it was unaware of asbestos contamination …,” Trains News Wire, April 22, 2024].
The two victims died from mesothelioma, a lung cancer linked to asbestos exposure. Their estates argued the railroad knew the vermiculite was dangerous and failed to clean it up.
The case is the first of several against the railroad to reach court regarding its past operations in Libby. BNSF is considering an appeal.
Liberals and Plaintiff’s Lawyers will be the DEATH of America
“Forgive them Father, they know not what they do”
Saw another article about this WR(?) Grace Co that was the owner of the plant. For decades the dust from the facility blew all over town they even used it pave the high school track & field. Grace Co no longer exists but I’m sure the CEO et al enjoyed a nice golden parachute and lived happily ever after…
Tell that to the dead peoples’ families. Simply for living in your house, you die of exposure to something over which YOU had no control, but could’ve easily been shipped in covered hoppers. That’s on BNSF.
Well, Mike, maybe. But before blaming BNSF, I’d trace the entire path of the shipments, be it ten miles or two thousand miles, I don’t know the distance, and see how many people along the route contracted meso ccompared to the general population. I’d also look to see if there were any other contributing factors, and/or do a statistical study to see if there were any greater prevalence along the rail route than people living along similar rail routes without this cargo.
Reminds me of the early days of cell phones, someone got a HUGE settlement because of ear cancer. The jury found for the plaintiff, although I was unaware at the time of any proof that the cancer came from the cell phone. (Correlation isn’t causation.) The fact that three billion people have spend the last three decades with a cell phone in their ear 24/7, without a recurrance of the cancer, might tell you something.
It’s been out of control for a long time. It really took off when the US Supreme Court ruled in separate cases in the very early 1980’s and then a few years later that (1) it was legal for someone or some business with deep pockets to be responsible for all the award if the other liable parties couldn’t pay up [the “deep” pocket liability concept], and (2) Lawyers were allowed to advertise like any other business.
Today, the lawyers for the plaintiff try to get the least educated and least business oriented jury [and normally the least white males] that they can.
A $4M verdict per person sounds high without us knowing all the circumstances. At least the jury didn’t award punitive damages which are the real killer.
Same thing environmentalist judges did when they delayed the Uintah Basin Railway from potential shipping oil through Colorado because they said that ALL THE DOWNSTREAM environmental hazards, whether real or potential, should have been considered by the STB. Real hazards, yes. Potential hazards? Impossible! That list could go on into infinity because ANYTHING is a potential hazard to someone. This literally made true the Butterfly Effect, that anything anywhere can, by its actions, cause a natural disaster far away from where it could have occurred. How stupid can we as a civilization get…
These lawsuits are getting out of hand. Back when all this happened no one knew of the long term hazards, as we do now. To think a corporation that was not even in business then, can be held accountable for someone’s actions 50 years ago is insane.
That’s why we have the Department of Justice to prosecute all these boondoggles because they don’t have any better things to do…