A plaintiff, Kenneth B., files a lawsuit in the Montana Eighth Judicial District of Cascade County on behalf of his deceased wife Rhonda B., who purportedly died from exposure to asbestos.

According to the asbestos wrongful death lawsuit, the plaintiff’s claims are against BNSF Railway Company, a corporation existing under Delaware state law but headquartered in Texas.

The asbestos wrongful death lawsuit purports that Rhonda, Kenneth’s spouse, lived in the vicinity of Libby, Mont.

Rhonda was exposed to asbestos merely by living in close proximity to facilities owned by defendant BNSF. Insulation distributed throughout the Libby area was also made with asbestos by defendant Robinson Insulation.

According to the asbestos wrongful death lawsuit, the plaintiff did not know of the risks that asbestos exposure may have. Kenneth states that had Rhonda known the true facts, she would not have continued to expose herself to that environment.

Asbestos Wrongful Death Lawsuit Facts

Asbestos refers to six naturally occurring fibrous minerals: chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite. Among these minerals, amosite and chrysotile have been the most commonly used.

The reason why asbestos is so hazardous and is currently classified as a known human carcinogen is because these microscopically small fibrous minerals can become easily inhaled. Once inhaled, they can cling on to the inside of the respiratory system, such as within the lining of the lungs and the inner cavity tissue. Once attached, they become lodged into the body’s soft tissue.

Accordingly, moreover, the workers who have worked for BNSF Railway Company were not provided with coveralls or showers. The asbestos wrongful death lawsuit states that “as a result workers went home and into the community with asbestos dust on their clothing and in their cars, thereby extending the asbestos exposure.”

In addition, the asbestos wrongful death lawsuit adds, “invisible fibers from the mining operations infiltrated a broad variety of Libby area work sites, forests, recreation areas, homes, gardens, and numerous other distinct locations, resulting in hundreds of distinct routes and circumstances of exposure.”

The lawsuit alleges that the defendant failed to control the amount of dust from the surrounding area that lead to Rhonda’s asbestos exposure. The failure to control the dust originated from the areas such as mining, milling, and transport.

The asbestos wrongful death lawsuit further contends that Rhonda was not able to avoid asbestos exposure. She was not able to demand protective services, demand safer operations, have the ability to change jobs, and even protect her family or herself from the repercussions of asbestos exposure.

The claims being filed against the defendant include negligence and strict liability.

In addition, Kenneth, due to the death of his loved one, says he will continue to suffer from grief and sorrow, loss of care, comfort, society and support, medical expenses, rehabilitation expenses, loss of earnings, loss of services, and loss of enjoyment and established course of life.

The Asbestos Wrongful Death Lawsuit is Case No. 4:17-cv-00094, in the U.S. District Court for the District of Montana.