It's been almost 25 years since federal authorities, responding to news reports of deaths and illnesses, descended on the small northwestern Montana town of Libby to clean it up.
Business Respiratory therapist Vernon Johnson, left, conducts a pulmonary test on Christine Ekstedt at the Center for Asbestos Related Disease, Thursday, April 4, 2024, in Libby, Mont. The clinic has diagnosed thousands of people with asbestos-related disease following contamination from a nearby mine for vermiculite, a product that was shipped across the U.S. by rail for use as insulation and other purposes.
The first trial among what attorneys say are hundreds of lawsuits against BNSF for its alleged role polluting the Libby community is scheduled to begin Monday.Resch works at an auto dealership in Libby and his wife is listed as a plaintiff in a pending lawsuit against BNSF in Montana's asbestos claims court. He's uncertain whether his sickness came from the rail yard.
Asbestos doesn’t burn and resists corrosion, making it long lasting in the environment. People who inhale the needle-shaped fibers can experience health problems as many as 40 years after exposure. Health officials expect to grapple with newly diagnosed cases of asbestos disease for decades. Some asbestos victims viewed the case as a ploy to discredit the clinic and undermine lawsuits against the railroad.
Morris has yet to issue a definitive ruling on another key legal issue: the railroad’s claim that its obligation to ship goods for paying customers exempts it from liability.
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