AKRON, Ohio -- A federal judge has thrown out a class action lawsuit on behalf of more than 200 people who were displaced from their homes and businesses when a train derailed in Painesville, The News-Herald reported.
After a CSX train headed for Buffalo derailed Oct. 10, 2007, near Heisley Road and Route 2, hazardous substances leaked out during a 60-hour fire, forcing the evacuation of more than 1,300 Mentor and Painesville residents.
Shortly after the incident, Painesville resident Jonathan Hirsch sued the Jacksonville, Fla.-based CSX. Hirsch claimed evacuees who were exposed to the smoke and fumes suffered physical and/or mental damages, as well as inconveniences to their lives because of CSX's negligence.
A similar suit was later filed by residents Christopher Mann and Jeanne Myers, who claimed CSX should be held liable for more than $5 million for property damage, personal injury, health scares and loss of income.
The Hirsch and Mann suits were consolidated by U.S. District Judge Dan Aaron Polster in Akron, who has ruled CSX was not liable or negligent for the derailment.
"While Painesville police and regulatory authorities may have closed the area surrounding the fire, plaintiffs filed their suit only one day after the incident, while the fire was still burning," Polster stated in his opinion. "Plaintiffs could have moved for judicial intervention to permit counsel and retained experts to observe cleanup efforts. They did not. Thus any prejudice they suffered once the evidence they desired no longer existed was as much their doing as it was defendant's doing."
CSX spokesman Bob Sullivan said he's grateful the judge dismissed the suit.
"CSX acted quickly and consistently to protect the public during the incident and subsequent cleanup in Painesville," Sullivan said.
CSX officials had argued residents failed to prove that exposure to substances released in the derailment led to a significantly increased risk of disease.
The evacuees claimed the chemicals gave them an increased risk of cancer and other diseases.
Hirsch asked the judge for immediate medical monitoring for residents, as well as full compensation of property values, all out-of-pocket losses, personal injury, pain, discomfort, inconvenience and the loss of any pets.
He also wanted a home inspector of the evacuees' choice to inspect the homes and soil to make sure the properties are safe to live in again, and to accurately estimate the full amount of property damage to their homes and other belongings.
Hirsch also wanted a jury trial and for CSX to pay all of the evacuees' accountant, auditor and attorney fees.
After filing the suit, Hirsch's attorney, Patrick Perotti, vowed to put all or part of the money he and his fellow lawyers earned from the case back into the community.
Perotti did not immediately return a phone call seeking comment.
Two other cases against CSX are still pending in Lake County Common Pleas Court.
Concord Township firefighter Robert Bambrick filed a lawsuit last month claiming he was permanently injured after attempting to use a fire hose that was returned by CSX after the derailment fire.
Employees of Atlas Cinemas in Mentor filed a $5.5 million suit against the railroad in 2008, alleging CSX forced it to house hazardous waste cleanup equipment at the movie theater's Diamond Center Drive location without its permission.
(The preceding article by Tracey read was published November 19, 2009, by The News-Herald.)
