Lawyer hopes suit over 2007 CSX train derailment may become class action
(The following story by Patrick ODonnell appeared on the Cleveland Plain Dealer website on July 25, 2009.)
PAINESVILLE, Ohio The lawsuit against the CSX railroad company for the train derailment and chemical explosion in a Painesville field in October 2007 might grow a lot larger in the next few months.
So far, fewer than 20 residents have sued the railroad in federal court over the derailment, chemical spill, fire and potential health problems from the fumes. But next month, attorneys are scheduled to formally appeal to turn the case into a class action involving as many as 1,300 people.
That many Mentor and Painesville residents were evacuated from their homes for several days following the crash.
Daniel Becnel Jr., a Louisiana lawyer helping lead the case, called it an example of railroads putting people in danger by cutting safety precautions and repair standards.
The railroad admitted in court filings last fall that improper track maintenance, including installing the wrong size rail as part of a repair, caused the crash. The National Transportation Safety Board last month ruled the same thing, though its finding carries no penalty.
"We can't wait to try this case," said Becnel.
The local attorneys for the residents and CSX declined to comment.
CSX spokesman Garrick Francis offered no comment on the court case but said safety is a top priority for the railroad.
"From time to time, unfortunate incidents like this will happen," he said. "We're applying the lessons we learned from it."
The derailment occurred the same day that a student shot and wounded two teachers and two other students before killing himself at Cleveland's SuccessTech High School. About noon on Oct. 10, a 112-car train headed for Buffalo went off the tracks in a marshy area just south of Ohio 2 and about a quarter-mile east of Ohio 44. More than 250 firefighters had to handle several cars carrying chemicals that caught fire, burning for a week.
CSX officials said at the time that eight of the cars contained toxic chemicals, including ethanol and phthalic anhydride, used in making plastics. The anhydride can cause burning if inhaled and skin irritations.
Court filings say six individuals have some symptoms of injury, but the documents do not offer any more detail.
The residents argue they are entitled to compensatory damages for any health problems from the accident as well as punitive damages. They also want the court to order a formal testing program to monitor if health problems arise later.
The NTSB findings released last month estimate environmental cleanup costs from the derailment at $7 million.
Mike Settles, a spokesman for the Ohio Environmental Protection Agency, said the immediate dangers were resolved immediately after the accident and that the state is working with CSX to resolve any remaining problems with soil and water in the area.
