More lawsuits filed two years after East Palestine derailment

By J.D. Davidson
The Center Square

Two years to the day after a Norfolk Southern train derailed in East Palestine, Ohio, causing a toxic chemical burn and concerns over two states, more lawsuits have been filed.

As Gov. Mike DeWine and Vice President J.D. Vance plan to speak in the small eastern Ohio village on Monday, a Columbus-area law firm announced the state and federal claims brought by 744 current and former East Palestine residents against Norfolk Southern, the U.S Environmental Protection Agency, the U.S. Centers for Disease Control and Prevention, and other state agencies.

The plaintiffs say the defendants have downplayed the impact of the chemical contamination.

“Norfolk and the Defendants have attempted to evade a generation of environmental and health consequences around East Palestine – all while minimizing or denying the current and future harm of the contamination,” the lawsuit says. “The community is still contaminated, and people are still sick.”

The lawsuit is not part of pending class actions.

Attorneys say their ongoing investigation and the legal claims cite a pattern of incidents dating back to 2013. The lawsuit says Norfolk Southern’s crash rate increased 81% between 2013 and 2022.

The suit includes claims of civil conspiracy, negligence, punitive damages, trespass and wrongful death.

“Norfolk Southern caused this catastrophe for our family and so many others,” said lead plaintiff Josh Hickman, an East Palestine resident. "We demand to know what truly happened – and to understand all of the consequences for us and our community. Taxpayers and our families should not be forced to pay the real costs of this disaster and for the health and environmental consequences."

As previously reported by The Center Square, the village and Norfolk Southern announced last week a settlement to resolve all claims from the derailment. Norfolk Southern agreed to pay $22 million for priorities identified by the village in connection with the derailment.

In September, also as previously reported by The Center Square, a federal judge approved a $600 million settlement that covered residents, property owners and businesses within 20 miles of the derailment site and chemical release.

That settlement called for personal injury payments of $25,000 for those within 2 miles of the derailment and about $1,000 for those 5-10 miles away.

Also, those within 2 miles of the site were scheduled to receive $70,000 per household in direct payments, lowering by distance to about $250 per household for those from 15-20 miles away from the derailment site.

That settlement was separate from the U.S. Department of Justice’s $310 million settlement with Norfolk Southern. That deal came in the National Transportation and Safety Board’s final report.

At about 9:30 p.m. on Feb. 3, 2023, 53 Norfolk Southern train cars derailed in East Palestine, leading to a vent and burn of toxic chemicals.

At a public hearing in June in East Palestine, National Transportation and Safety Board Chairwoman Jennifer Homendy called Norfolk Southern’s attempts to sway the investigation unprecedented and reprehensible.

She reiterated the board’s finding that the eventual vent and burn following the crash was unnecessary, and the report said the crash could have been avoided.

It blamed the crash that forced the evacuation of more than 2,000 residents on the wheel bearing of rail car 23, which caught fire, causing the axle to fall off and derail the train.

The final report confirmed initial findings released a year ago and previously reported by The Center Square.

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