News & Reviews News Wire More lawsuits filed in wake of derailment

More lawsuits filed in wake of derailment

By Trains Staff | February 9, 2023

| Last updated on February 6, 2024

Long-term cleanup begins in East Palestine to deal with contamination at accident site

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Burned out tank cars and tank truck in muddy area
Cleaning up the derailment in East Palestine, Ohio — in progress on Feb. 8, 2023 — figures to be a lengthy process. Sol Tucker

YOUNGSTOWN, Ohio — Two additional class-action lawsuits have been filed in the wake of the derailment and fire of a Norfolk Southern train in East Palestine, Ohio.

WKBN-TV reports that on Tuesday, Chase and Cheri Kinder, entities Bird Dog Hill Kennels and Stonybrook Kennel, and Pamela Taas field a lawsuit late Tuesday against NS in Columbiana County Common Pleas Court. The complaint says the plaintiffs were forced out of their homes or businesses and sustained damages to property, economic loss and expense, emotional distress, discomfort and inconvenience, and exposure to hazardous chemicals.

The station also reports that Grayce Eisley and Jeffrey Jaffrey Zalick filed a federal suit Wednesday claiming that properties they own have suffered a decrease in market value.

These follow an earlier suit filed Tuesday by three individuals in U.S. District Court [see “First lawsuit filed …,” Trains News Wire, Feb. 8, 2023].

The long-term cleanup process has begun at the site of the 50-car derailment that occurred Feb. 3, with Kurt Kollar, leader of the Ohio Environmental Protection Agency emergency response team, telling a Wednesday news conference that “grossly contaminated material should be getting collected; the liquids should be getting collected and containerized for disposal,” WFMJ-TV reports. Soil sampling will continue and determine the best options for remediation, he said.

7 thoughts on “More lawsuits filed in wake of derailment

  1. Only when lawyers are no longer in Congress or a minority of members will we get meaningful change to the sue happy state of this country. For instance, in a case like this, the only people/agency allowed to sue the RR would be the State and or Federal agencies that have jurisdiction over the different issues, say FRA and EPA(for the remediation of the hazardous chemicals).

    1. Frequently insurance will not pay until a lawyer contacts them. We do not have a system that allows payment for wrongs done without legal action. Much of the reason comes from the history of corporate (and some individual) abuse that was stone walled by the abuser. Lawyers make livings because those who do wrong don’t otherwise own up to their responsibility.

  2. Sadly, this derailment will keep several lawyers with full employment for several years. Lucky if the victims will receive half of the settlements.

  3. Yup, the Trial lawyers are going to have a field-day with this NS wreck. Hope Norfolk Southern has deep pockets and/or good insurance coverage ….

  4. There’s an interesting video posted on line of the train going through New Waterford, OH. A ring camera caught what looks like a wheel journal on fire on one of the covered hoppers. Wonder how many people possibly saw it and never made a 911 call.

  5. Quite the tweet here, 15 miles north of the derailment the smell of chlorine in the air and enormous black clouds of smoke and who know what else

    https://twitter.com/hale27storm/status/1622782492217425921

    “Nothing to see here. Just the toxic cloud from the controlled explosion from the East Palestine train derailment.
    As of 9pm, the outside smells of chlorine at our house, located about 15 miles N of the site. ”

    More power to the class action lawyers on this one.

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