Montana
Jury: BNSF Railway contributed to 2 deaths in Montana town where asbestos sickened thousands
A federal jury on Monday said Warren Buffett’s 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. The jury did not find that BNSF acted intentionally or with indifference so there will be no punitive damages awarded.
Attorneys for the estates of the two victims had argued that the railroad, owned by Buffett’s Berkshire Hathaway conglomerate, knew the asbestos-tainted vermiculite was dangerous but failed to act.
BNSF said its employees didn’t know the vermiculite they hauled over decades from a nearby mine was filled with hazardous microscopic asbestos fibers.
The case in federal civil court over the two deaths was the first of numerous lawsuits against the Texas-based railroad corporation to reach trial over its past operations in Libby. Current and former residents of the small town near the U.S.-Canada border want BNSF held accountable, accusing it of playing a role in asbestos exposure that health officials say has killed several hundred people and sickened thousands.
The railroad said it was obliged under law to ship the vermiculite, which was used in insulation and for other commercial purposes, and that W.R. Grace employees had concealed the health hazards from the railroad.
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.
“In the 50s, 60s and 70s no one in the public suspected there might be health concerns,” Knight said Friday.
The plaintiffs argued that BNSF higher-ups knew for decades that the vermiculite contained asbestos and that concerns about workers breathing asbestos dust had existed in medical journals since the late 1890s.
“We’re here to make a party that accepts zero responsibility accept an appropriate amount of responsibility,” plaintiffs’ attorney Mark Lanier said in his closing statement. “This is the fault of the bigwigs in the corporate office.”
The judge instructed the jury it could only find the railroad negligent based on its actions in the Libby Railyard, not for hauling the vermiculite.
BNSF was formed in 1995 from the merger of Burlington Northern railroad, which operated in Libby for decades, and the Santa Fe Pacific Corporation.
Berkshire Hathaway, based in Nebraska and chaired by Buffett, acquired BNSF in 2010.
Looming over the proceedings was W.R. Grace, which operated a mountaintop vermiculite mine 7 miles (11 kilometers) outside of Libby until it closed in 1990. The Maryland-based company played a central role in Libby’s tragedy and has paid significant settlements to victims.
U.S. District Court Judge Brian Morris referred to the the chemical company as “the elephant in the room” during the BNSF trial and reminded jurors repeatedly that the case was about the railroad’s conduct, not W.R. Grace’s separate liability.
Federal prosecutors in 2005 indicted W. R. Grace and executives from the company on criminal charges over the contamination in Libby. A jury acquitted them following a 2009 trial.
The Environmental Protection Agency descended on Libby after 1999 news reports of illnesses and deaths among mine workers and their families. In 2009 the agency declared in Libby the nation’s first ever public health emergency under the federal Superfund cleanup program.
The pollution in Libby has been cleaned up, largely at public expense. Yet the long timeframe over which asbestos-related diseases develop means people previously exposed are likely to continue getting sick for years to come, health officials say.
The seven-member federal jury had been instructed to decide if the railroad was at fault in the deaths and if so, the amount of damages to award to their estates. A separate proceeding would be needed to determine the amount of any punitive damages.
A second trial against the railroad over the death of a Libby resident is scheduled for May in federal court in Missoula.
Where Khloe Kardashian Stands With Ex French Montana More Than 10 Years After Breakup
French Montana is done keeping up with reality TV.
In fact, he only agreed to appear on Keeping Up With The Kardashians and Kourtney & Khloé Take the Hamptons over a decade ago as a favor to then-girlfriend Khloe Kardashian.
“She said to get on the show,” he exclusively told E! News at the BET Awards on June 28. “And I got on the show. Shout out to Khloe.”
The “Ever Since U Left Me” rapper, who split with Kardashian in December 2014 after eight months of dating, said the experience was “fun” because her family kept it real.
“They filmed their real life,” he continued. “And we were part of something together that one time. So it felt great. It didn’t feel like work because they film what they do everyday.”
As for his future in reality TV, the 41-year-old said those days are over, shutting down any prospective offers with a simple, “Negative.”
Although the “Unforgettable” artist—whose real name is Karim Kharbouch—may not be returning to television anytime soon, he has no problem hanging out with his ex-girlfriend these days.
French Montana, Rick Ross & Max B Turn the BET Awards Into “
06/28/2026
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GREAT FALLS — For Staff Sgt. Brianna St. Lawrence-Brody, service does not only happen in uniform.
Outside the gates of the base, she works at Benefis as a nurse, Great Falls Public Schools as a school nurse, and comes home as a wife and mom of four. For the Montana Air National Guard, she serves as a command post controller with the 120th Airlift Wing in Great Falls.
(WATCH: Montana nurse and Guard member earns national Air Force recognition)
Montana nurse and Guard member earns national Air Force recognition
This year, St. Lawrence-Brody was named the U.S. Air National Guard’s Outstanding Airman of the Year in the Non-Commissioned Officer category.
She said the recognition came as a surprise, especially because her path into the Guard started later than others.
“I joined very late in life,” St. Lawrence-Brody said. “I joined the Guard right before I turned 40. So for me, every opportunity that’s presented, I want to take the bull by the horns and just run with it and do the best of my ability.”
During the COVID-19 pandemic, she joined the Guard after finishing nursing school. She said she went straight from nursing school into helping open a COVID unit, while also working at Benefis.
She said that experience was the start of one journey, but not the whole of what she wanted to accomplish.
St. Lawrence-Brody joined the Guard for the opportunities, the challenge and to help build a future for her four children.
“It’s a little bit of a competition for myself,” she said. “Like, if I can do it, why not try my best to achieve it?”
120th Airlift Wing Public Affairs
As a command post controller, she assists in helping move information during emergencies and major events.
“Outside, obviously, I’m a nurse. Inside the Guard, I have nothing to do with the medical field, which is kind of amazing,” St. Lawrence-Brody said. “It keeps me on my toes.”
She explained balancing the Guard, two civilian jobs and four children takes support from her family, her employers and her unit. She said Benefis and GFPS have been supportive of her military service.
Her nomination included her deployment experience, training work overseas and involvement across the wing. St. Lawrence-Brody said she deployed to Ramstein Air Base in Germany, where she worked with an operations center supporting entities connected to Africa.
But, she says this recognition is not the finish line.
“This award, it’s not necessarily a landing pad for me,” St. Lawrence-Brody said. “I want to use it as a springboard.”
120th Airlift Wing Public Affairs
St. Lawrence-Brody hopes her story encourages others to keep taking on new opportunities, even when they feel uncertain.
“Get comfortable with being uncomfortable and be okay with doing things afraid,” she said. “I think when you get to be okay with doing things afraid, that’s where you’re going to find the growth.”
She has already won at the Air National Guard level, but she recently traveled to Washington, D.C., as part of the broader Air Force Outstanding Airman of the Year process, which includes nominees from the Guard, Reserve and major commands across the Air Force.
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