BNSF Railway Exempt From Liability for Locals’ Asbestos Deaths

A railway that transported an asbestos-containing mineral used in fireproofing, insulation, and wallpaper products isn’t liable for the deaths of two Libby, Mont., residents who inhaled contaminated dust near its railyard, a federal appeals court said.

The common carrier exception shielded BNSF Railway Co. from strict liability for the mesothelioma-related deaths of Thomas Wells and Joyce Walder, who lived in Libby and frequented the area near the railyard during the relevant period, the US Court of Appeals for the Ninth Circuit said Tuesday. The lawsuit by Wells’ and Walder’s estates arose from BNSF’s conduct while pursuing its statutory duty as ...