HELENA, Mont. (AP) — BNSF Railway attorneys told a Montana jury Friday that the railroad should not be held liable for the lung cancer deaths of two former residents of an asbestos-contaminated Montana town, one of the deadliest sites in the federal Superfund pollution program.
Attorneys for the company say the corporate predecessors of the railroad, owned by Warren Buffett’s Berkshire Hathaway conglomerate, didn't know the vermiculite they hauled over decades from a nearby mine was filled with hazardous microscopic asbestos fibers or that asbestos was dangerous.
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.
The case in federal civil court is the first of numerous lawsuits against the Texas-based railroad corporation to reach trial over its past operations in Libby, Montana. Current and former residents of the small town near the U.S.-Canada border want BNSF held accountable for its alleged role in asbestos exposure that health officials say has killed several hundred people and sickened thousands.
The seven-member jury met briefly Friday and planned to resume deliberations on Monday morning. They were instructed to decide if the railroad was at fault in the deaths and if so, the amount of damages to award to their estates. If the jurors find that the railroad should also face punitive damages, a separate hearing would determine that amount.
Looming over the proceedings is W.R. Grace & Co., a chemical company that operated a mountaintop vermiculite mine 7 miles (11 kilometers) outside of Libby until it was closed 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 has referred to the the chemical company as “the elephant in the room” in the BNSF trial. He reminded jurors several times that the case was about the railroad's conduct, not W.R. Grace's separate liability.
How much W.R. Grace revealed about the asbestos dangers to Texas-based BNSF and its corporate predecessors has been sharply disputed. The plaintiffs argued that railroad higher-ups were aware, but that workers on the ground in Libby were left out of the loop.
“We're here to make a party that accepts zero responsibility accept an appropriate amount of responsibility,” plaintiffs' attorney Mark Lanier said. “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.
The railroad said it was obliged under law to ship the vermiculite, which was used in insulation and for other commercial purposes. It said W.R. Grace employees had concealed the health hazards from the railroad.
Former railroad workers said during testimony and in depositions that they knew nothing about the risks of asbestos. They said Grace employees were responsible for loading the hopper cars, plugging the holes of any cars leaking vermiculite and occasionally cleaned up material that spilled in the rail yard.
The estates of the two deceased plaintiffs have argued that the W.R. Grace’s actions don’t absolve BNSF of its responsibility for failing to clean up the vermiculite that spilled in the railyard in the heart of the community.
Their attorneys said BNSF should have known about the dangers because Grace put signs on rail cars carrying vermiculite warning of potential health risks. They showed jurors an image of a warning label allegedly attached to rail cars in the late 1970s that advised against inhaling the asbestos dust because it could cause bodily harm.
Family members of Tom Wells and Joyce Walder testified that their lives ended soon after they were diagnosed with mesothelioma. The families said the dust blowing from the rail yard sickened and killed them.
In a March 2020 video of Wells played for jurors and recorded the day before he died, he lay in a home hospital bed, struggling to breathe.
“I’ve been placed in a horrible spot here, and the best chance I see at release — relief for everybody — is to just get it over with,” he said. “It’s just not something I want to try and play hero through because I don’t think that there’s a miracle waiting.”
The Environmental Protection Agency descended on Libby after the 1999 news reports. In 2009 it 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.
Brown reported from Billings, Montana.
FILE - Environmental cleanup specialists work at one of the last remaining residential asbestos cleanup sites in Libby, Montana, in mid-September. BNSF Railway attorneys are expected to argue before jurors Friday, April 19, 2024, that the railroad should not be held liable for the lung cancer deaths of two former residents of the asbestos-contaminated Montana town, one of the deadliest sites in the federal Superfund pollution program. (Kurt Wilson/The Missoulian via AP, File)
FILE - Dr. Lee Morissette shows an image of lungs damaged by asbestos exposure, at the Center for Asbestos Related Disease, Thursday, April 4, 2024, in Libby, Mont. BNSF Railway attorneys are expected to argue before jurors Friday, April 19, 2024, that the railroad should not be held liable for the lung cancer deaths of two former residents of the asbestos-contaminated Montana town, one of the deadliest sites in the federal Superfund pollution program. (AP Photo/Matthew Brown, File)
FILE - In this April 27, 2011, file photo, the entrance to downtown Libby, Mont., is seen. BNSF Railway attorneys are expected to argue before jurors Friday, April 19, 2024, that the railroad should not be held liable for the lung cancer deaths of two former residents of the asbestos-contaminated Montana town, one of the deadliest sites in the federal Superfund pollution program. (AP Photo/Matthew Brown, File)
WEST PALM BEACH, Fla. (AP) — Israeli Prime Minister Benjamin Netanyahu worked to mend ties with Republican presidential candidate Donald Trump on Friday and offered measured optimism about progress toward a cease-fire deal for Gaza as he neared the end of a contentious U.S. visit that put on display the growing American divisions over support for the Israeli-Hamas war.
At Trump's Florida Mar-a-Lago estate, where the two men met face-to-face for the first time in nearly four years, Netanyahu told journalists he wanted to see U.S.-mediated talks succeed for a cease-fire and release of hostages.
“I hope so,” Netanyahu said, when reporters asked if his U.S. trip had made progress. While Netanyahu at home is increasingly accused of resisting a deal to end the 9-month-old war to stave off the potential collapse of his far-right government when it ends, he said Friday he was "certainly eager to have one. And we’re working on it.”
As president, Trump went well beyond his predecessors in fulfilling Netanyahu’s top wishes from the United States. Yet relations soured after Netanyahu became one of the first world leaders to congratulate Joe Biden for his 2020 presidential victory, which Trump continues to deny.
The two men now have a strong interest in restoring their relationship, both for the political support their alliance brings and for the luster it gives each with their conservative supporters.
A beaming Trump was waiting for Netanyahu on the stone steps outside his private club and residence in Palm Beach, Florida. He warmly clasped the hands of the Israeli leader.
“We’ve always had a great relationship,” Trump insisted before journalists. Asked as the two sat down in a muraled room for talks if Netanyahu’s trip to Mar-a-Lago was repairing their bond, Trump responded, “It was never bad.”
For both men, Friday’s meeting was aimed at highlighting for their home audiences their depiction of themselves as strong leaders who have gotten big things done on the world stage, and can again.
Netanyahu’s Florida trip followed a fiery address to a joint meeting of Congress on Wednesday that defended his government’s conduct of the war and condemned American protesters galvanized by the killing of more than 39,000 Palestinians in the conflict.
On Thursday, Netanyahu had met in Washington with Biden and Vice President Kamala Harris, who appears on track to becoming the new Democratic presidential nominee after Biden decided to step out of the race. Both pressed the Israeli leader to work quickly to wrap up a deal to bring a cease-fire and release hostages held by Hamas.
Trump’s campaign said he pledged in Friday's meeting to “make every effort to bring peace to the Middle East” and combat antisemitism on college campuses if American voters elect him to the presidency in November.
Netanyahu handed Trump a framed photo that the Israeli leader said showed a child who has been held hostage by Hamas-led militants since the first hours of the war. “We’ll get it taken care of,” Trump assured him.
In a speech later Friday before a group of young Christian conservatives, Trump said he also asked Netanyahu during their meeting how “a Jewish person, or a person that loves Israel” can vote for Democrats.
He also laced into Harris for missing Netanyahu's speech and claimed she “doesn’t like Jewish people” and “doesn’t like Israel." Harris has been married to a Jewish man for a decade.
For Trump, the meeting was a chance to be cast as an ally and statesman, as well as to sharpen efforts by Republicans to portray themselves as the party most loyal to Israel.
Divisions among Americans over U.S. support for Israel’s war against Hamas in Gaza have opened cracks in years of strong bipartisan backing for Israel, the biggest recipient of U.S. aid.
For Netanyahu, repairing relations with Trump is imperative given the prospect that Trump may once again become president of the United States, which is Israel’s vital arms supplier and protector.
One gamble for Netanyahu is whether he could get more of the terms he wants in any deal on a Gaza cease-fire and hostage release, and in his much hoped-for closing of a normalization deal with Saudi Arabia, if he waits out the Biden administration in hopes that Trump wins.
“Benjamin Netanyahu has spent much of his career in the last two decades in tethering himself to the Republican Party,” said Aaron David Miller, a former U.S. diplomat for Arab-Israeli negotiations, now a senior fellow at the Carnegie Endowment for International Peace.
For the next six months, that means “mending ties with an irascible, angry president," Miller said, meaning Trump.
Netanyahu and Trump last met at a September 2020 White House signing ceremony for the signature diplomatic achievement of both men’s political careers. It was an accord brokered by the Trump administration in which the United Arab Emirates and Bahrain agreed to establish normal diplomatic relations with Israel.
For Israel, it amounted to the two countries formally recognizing it for the first time. It was a major step in what Israel hoped would be an easing of tensions and a broadening of economic ties with its Arab neighbors.
In public postings and statements after his break with Netanyahu, Trump portrayed himself as having stuck his neck out for Israel as president, and Netanyahu paying him back with disloyalty.
He also has criticized Netanyahu on other points, faulting him as “not prepared” for the Oct. 7 Hamas attacks that started the war in Gaza, for example.
In his high-profile speech to Congress on Wednesday and again Friday at Mar-a-Lago, Netanyahu poured praise on Trump, calling the regional accords Trump helped broker historic and thanking him “for all the things he did for Israel.”
Netanyahu listed actions by the Trump administration long-sought by Israeli governments — the U.S. officially saying Israel had sovereignty over the Golan Heights, captured from Syria during a 1967 war; a tougher U.S. policy toward Iran; and Trump declaring Jerusalem the capital of Israel, breaking with longstanding U.S. policy that Jerusalem's status should be decided in Israeli-Palestinian negotiations.
“I appreciated that,” Trump told “Fox & Friends” on Thursday, referring to Netanyahu's praise.
Trump has repeatedly urged that Israel with U.S. support “finish the job” in Gaza and destroy Hamas, but he hasn’t elaborated on how.
Natalie Melzer in Tel Aviv, Israel, Adriana Gomez Licon in West Palm Beach, Florida, and Jill Colvin in New York contributed. Knickmeyer reported from Washington. Price reported from New York.
Follow the AP's coverage of the 2024 election at https://apnews.com/hub/election-2024.
Republican presidential candidate former President Donald Trump speaks at the Turning Point Believers' Summit, Friday, July 26, 2024, in West Palm Beach, Fla. (AP Photo/Alex Brandon)
Republican presidential candidate former President Donald Trump listens as he meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
Republican presidential candidate former President Donald Trump speaks while meeting with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
Israeli Prime Minister Benjamin Netanyahu speaks while meeting with Republican presidential candidate former President Donald Trump at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu, right, at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
Republican presidential candidate former President Donald Trump meets with Israeli Prime Minister Benjamin Netanyahu at his Mar-a-Lago estate, Friday, July 26, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
FILE - President Donald Trump, right, meets with Israeli Prime Minister Benjamin Netanyahu in the Oval Office, Sept. 15, 2020, at the White House in Washington. Trump is due to talk face-to-face with Netanyahu for the first time in nearly four years. The meeting Friday, July 26, 2024, at Mar-a-Lago will mend a break that has lasted since 2021. Trump at the time blasted Netanyahu for being one of the first leaders to congratulate President Joe Biden for his election victory. (AP Photo/Alex Brandon, File)
