Wells et al v. BNSF Railway Company et al

Parties Involved

  • Plaintiff(s):Jackson Wells | Judith Hemphill
    • Counsel for Plaintiff: Ethan A. Welder| Jinnifer Jeresek Mariman | John F. Lacey | Roger M. Sullivan | Alexandra Abston |Kathryn Rachel Lanier | Sam E. Taylor, II | Mark Lanier

 

  • Defendant(s):BNSF Railway Company | Robinson Insulation Company | Grogan Robinson Lumber Company | Does A-Z
    • Counsel for Defendants: Anthony Michael Nicastro| Chad Knight | Arron Nesbitt | Nadia H. Patrick

Verdict Information

  • Verdict Date: April 22, 2024
  • Total Damages awarded to Plaintiff:$8,000,000.00
    • To Thomas E. Wells: $4,000,000.00
    • To Joyce H. Walder: $4,000,000.00

About the Case

Cause

Jackson Wells and Judith Hemphill, representing the estates of Thomas E. Wells and Joyce H. Walder, filed a comprehensive lawsuit against BNSF Railway Company, Robinson Insulation Company, and Grogan Robinson Lumber Company in the U.S. District Court for the District of Montana. The case stemmed from decades of asbestos exposure in Libby, Montana, a town that became infamous for its widespread asbestos contamination. BNSF transported asbestos-contaminated vermiculite through Libby from the 1920s to 1990, causing extensive environmental contamination. The railway’s activities resulted in substantial asbestos accumulation on its properties and surrounding areas, affecting both workers and residents.

Robinson Insulation and Grogan Robinson manufactured and distributed asbestos-containing vermiculite products in the Libby area. These companies processed contaminated vermiculite from Libby into various products, which they then sold back to the community, further exposing residents to dangerous asbestos fibers. The plaintiffs alleged that all defendants failed to control asbestos dust, warn of dangers, and implement proper safety measures despite having knowledge of the severe health risks associated with asbestos exposure.

Injury

Thomas E. Wells and Joyce H. Walder, long-time residents of Libby, suffered repeated and continuous exposure to asbestos from the defendants’ activities. They were exposed through environmental contamination, living near BNSF’s contaminated properties, and potentially through the use of asbestos-containing products manufactured by Robinson Insulation and Grogan Robinson. This prolonged exposure led to both Wells and Walder developing mesothelioma, a rare and aggressive cancer caused exclusively by asbestos exposure. They endured significant pain and suffering, underwent extensive medical treatments, and ultimately died from this disease, prompting the wrongful death claims in this lawsuit.

Damages

The plaintiffs sought substantial compensatory damages to cover medical expenses, which likely included costs for diagnostic tests, chemotherapy, radiation treatments, and palliative care. They also claimed damages for pain and suffering, loss of consortium, and loss of earning capacity, reflecting the devastating impact of mesothelioma on the victims’ quality of life and their families’ financial stability. Additionally, the plaintiffs requested punitive damages against BNSF, arguing that the company’s actions constituted willful and reckless disregard for public safety, given their alleged long-standing knowledge of the risks associated with asbestos.

Jury Verdict

The jury determined that to reasonably compensate Plaintiff  Walder fully and fairly for her injuries and damages, an amount of $4,000,000.00 was necessary. Similarly, for Plaintiff Wells, the jury awarded $4,000,000.00 to fully and fairly compensate him for his injuries and damages. These amounts were specified in response to Question 4 on the verdict form for each plaintiff. In total, the jury awarded $8,000,000.00 to compensate both plaintiffs for their injuries and damages resulting from the case.

Court Documents:

Available upon Request