Libby, Montana Woman’s Mesothelioma Claim Will Be Heard in State Court
Asbestos companies named in mesothelioma lawsuits are frequently accused of negligence, either in failing to warn of their products’ dangers or of negligently handling the dangerous material. BNSF Railway is among those who’ve been blamed for many illnesses in Libby, Montana. In a recent case, a woman who blames her illness on asbestos that BNSF transported carelessly through town won the right to have her case heard by the Montana Asbestos Claims Court.
Woman Blames Her Mesothelioma On BNSF’s Negligent Handling of Asbestos
When Libby, Montana resident Karen Morey was diagnosed with mesothelioma, she blamed her exposure to asbestos on BNSF Railway, which transported the toxic material in open-air railcars through her town. Her original claim was filed with another plaintiff and remanded to federal court due to federal officer removal requirements and the defendants being from a variety of states, but when the co-plaintiff’s case was dismissed, it left only BNSF.
The railway attempted to keep the mesothelioma claim in the more defendant-friendly federal courts, but a judge denied their request and returned the case to the Montana Asbestos Claims Court where Ms. Morey originally filed it.
Asbestos Carried from W.R. Grace & Co. Mines Led to Mesothelioma Deaths
Libby, Montana is located in a beautiful part of the country, but its reputation has been severely damaged by the epidemic of mesothelioma and asbestos-related disease diagnoses that have affected its population. These are the result of its nearness to the W.R. Grace & Co. vermiculite mine, which has been blamed for contaminating the town with asbestos for decades.
Ms. Morey’s mesothelioma claim accuses BNSF Railway of both negligence and common law liability and seeks compensation for the damages she suffered. Though the company insisted that the case should remain in federal court, the judge rejected their argument because the reason for it having been removed to federal court no longer applied. Chief District Judge Brian Morris added that the case was best suited to the Montana Asbestos Claims Court, which was specifically created to address the issues facing Libby residents.
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