Norfolk Southern hit with class-action suit over East Palestine train derailment
The lawsuit is making claims of 'public nuisance,' which firm Hagens Berman used to get a class-action settlement in 1998 from the tobacco companies, benefiting Ohio
A class action suit against Norfolk Southern Railway was filed in an Ohio court Thursday following a derailment earlier this month that released toxic chemicals in East Palestine, Ohio.
The lawsuit represents any resident or business within 30 miles that was affected by the Feb. 3 derailment and fire and seeks monetary damages, the creation of a medical monitoring fund and establishing testing and cleaning protocols in the area, class-action law firm Hagens Berman said in a release.
The lawsuit is claiming "Negligence and Reckless Indifference" on the part of Norfolk Southern.
Hagens Berman said it is making the same claims of "public nuisance," which it used to get a class-action settlement in 1998 from the tobacco companies, benefiting Ohio.
EPA ORDERS NORFOLK SOUTHERN TO CLEAN UP OHIO TRAIN DERAILMENT SITE
Drone footage shows the freight train derailment in East Palestine, Ohio, U.S., February 6, 2023. (NTSBGov/Handout via Reuters / Reuters Photos)
Residents near the derailment were forced to evacuate their homes and some people experienced symptoms like coughing and shortness of breath, Hagens Berman said.
The Environmental Protection Agency said it will force the railway to pay for all cleanup and lodging costs for displaced residents but Hagens Berman managing partner Steve Berman told The Hill their lawsuit would seek relief "above and beyond" anything the EPA would require.
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"This happened in our backyard, to our friends, neighbors and clients," Nils Johnson, of partnering Ohio law firm Johnson and Johnson said in a statement. "We are committed to helping our community recover. The sheer scale of the destruction is staggering. The true extent of the damage may not reveal itself for years to come. Norfolk Southern needs to take responsibility now and provide the people of East Palestine and Columbiana County with the resources they need for a healthy future."
A man takes photos as a black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains Monday, Feb. 6, 2023. (AP Photo/Gene J. Puskar) (AP Photo/Gene J. Puskar / AP Newsroom)
Last Sunday, Transportation Secretary Pete Buttigieg vowed to "hold Norfolk Southern accountable" over the derailment amid criticism of the government’s response and Norfolk Southern CEO Alan Shaw promised to help the area "recover."
"In every conversation today, I shared how deeply sorry I am this happened to their home," Shaw said in a statement on Saturday after he visited East Palestine. "We are going to do the right things to help East Palestine recover and thrive again."
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About 50 rail cars, including 10 carrying toxic chemicals, derailed on the evening of Feb. 3 in East Palestine, a small town on the Ohio-Pennsylvania border, releasing toxic chemicals, leaving tens of thousands of animals dead.
Norfolk Southern told FOX Business it is unable to comment on pending litigation.