A Tragedy Unfolds
In the lawsuit trial against Warren Buffett’s BNSF Railway, the heartbreaking story of Thomas Wells, a retired middle school teacher, is being recounted. Diagnosed with mesothelioma at 65, Wells succumbed to the aggressive lung cancer just a day after recording a video deposition in March 2020.
Wells’ video deposition, replayed Monday in a federal courtroom, captured the anguish and pain he endured. “I’m in great pain,” he uttered, “and all I see is this getting worse.”
The estates of Wells and Joyce Walder, another mesothelioma victim, are accusing the railroad of knowingly polluting Libby, Montana, with asbestos-contaminated vermiculite. The plaintiffs allege that asbestos-laden boxcars passing through Libby’s rail yard released hazardous materials into the community.
Corporate Negligence: BNSF’s Defense
BNSF attorneys deny the claims, arguing that railroad officials were unaware of the hazards posed by the shipments. They contend that the railroad had no legal basis to reject the shipments.
“You have to go back and look at what the information was at the time,” BNSF attorney Chad Knight stated in opening statements. “No one suspected there was anything unsafe about the products.”
A Community Blighted by Asbestos
Libby’s history with asbestos is a tragic chapter. The W.R. Grace & Co. mine on a mountaintop outside Libby produced tainted vermiculite, sickening over 3,000 people and claiming the lives of several hundred. The U.S. Environmental Protection Agency declared a public health emergency in Libby in 2009, one of the deadliest sites under the federal pollution program.
Asbestos from the contaminated vermiculite infiltrated Libby’s very fabric. It was used in the high school track, a baseball field near the rail yard, soil amendments, and as insulation in homes across the U.S.
Evidence of Railroad Negligence
The plaintiffs’ attorneys presented evidence of insurance claims for tons of asbestos that leaked out of rail cars in the 1970s. They also showed an example of a placard placed on a rail car in the late 1970s, warning of asbestos fibers and the need to avoid creating dust.
Witnesses testified that asbestos dust was prevalent along BNSF tracks, where children often played. Vermiculite, when disturbed by wind or passing trains, could release airborne asbestos fibers that could linger for hours or even days.
Victims’ Voices
Sean Wells, Thomas’ son, described his father as an exceptional teacher and a loving dad. “There’s not a day that goes by that I don’t think about my dad,” he testified, his voice choked with emotion.
Walder, who died less than a month after her diagnosis, was likely exposed to asbestos fibers while playing near a river where vermiculite was loaded onto train cars. Exposure may have also occurred as she walked along railroad tracks or visited friends near the rail yard. Her daughter, Chandra Zechmeister, recalled the devastating moment when her mother’s hope was extinguished by the recurrence of the cancer.
Legal Battle for Justice
As the trial unfolds, the jury is tasked with determining whether BNSF exposed Libby residents to hazardous asbestos fibers and if the plaintiffs’ illnesses were caused by that exposure. The outcome will have far-reaching implications for victims and communities affected by asbestos contamination.
Data sourced from: foxnews.com
