Norfolk Southern faces several lawsuits over East Palestine derailment, chemical release

• A Norfolk Southern train carrying hazardous chemicals caught fire and derailed Feb. 3 near East Palestine, Ohio.
• At least five lawsuits have been filed in federal and county courts against the rail company.
• The suits claim Norfolk Southern was negligent and careless with transporting a dangerous chemical.

Norfolk Southern Corp. is facing multiple lawsuits over the East Palestine train derailment.

At least five federal lawsuits had been filed as of Thursday morning in the U.S. District Court's Northern District of Ohio. Another lawsuit has been filed in Columbiana County Common Pleas Court.

The suits claim Norfolk Southern was negligent and careless in connection with the train derailment, resulting in toxic chemicals dispersing into the atmosphere and environment. Attorneys expect all the lawsuits to eventually be merged into a single class-action lawsuit.

A spokesperson for the railroad company declined comment on the pending litigation.

Reasons more disasters could happen:Trains are becoming less safe

A Norfolk Southern train carrying hazardous chemicals caught fire and derailed Feb. 3, forcing evacuations near East Palestine in Columbiana County. The village of 4,700 residents borders Pennsylvania.

Five of the cars contained a colorless gas called vinyl chloride, which is used to make hard plastic resin and is associated with an increased risk of liver cancer and other cancers, according to the National Cancer Institute. A controlled release of the flammable chemical was conducted on Feb. 6 to prevent a possible explosion.

East Palestine residents are concerned for their safety

Attorneys Gary Corroto and Lee Plakas with the Canton-Akron firm Tzangas Plakas Mannos, which filed one of the lawsuits, said their clients are concerned that East Palestine may no longer be a safe place to work or live.

"First and foremost, we are seeking the truth and we are seeking good and reliable information for the people of East Palestine, so they can be assured their homes are safe," Corroto said. "We don't believe we've been getting the full information."

He added: "We don't know the short-term impact and we certainly don't have any information what the long-term impact might be."

How much gas was released?Lawsuit alleges Norfolk Southern released 1.1 million pounds of vinyl chloride into air

Norfolk Southern engaged "in an ultra-hazardous and/or abnormally dangerous activity, namely, the handling and transportation of highly volatile chemical substances for industrial and commercial purposes, including, but not limited to, vinyl chloride," says the lawsuit filed by Corroto and Plakas.

Melanie Bailey, an attorney for the Cincinnati firm Burg Simpson, is co-counsel in another federal lawsuit. She said residents have told them they are suffering from respiratory issues and irritations.

"We are concerned with the toxic chemicals that were released and any fallout that may have happened in the waterways and the airways," she said in a phone interview.

Corroto said they want Norfolk Southern to test and monitor the health of residents in and around East Palestine.

"We want to make sure moving into the future no conditions surface," he said, "but there is concern it is much worse than what has been reported."

East Palestine has a stigma now after chemicals released

Plakas said a number of their clients have expressed a desire to move but that might be difficult or costly because East Palestine — fairly or unfairly — has a stigma now that could hurt property values.

"What would you pay for that house?" Plakas asked.

The same stigma could hurt farmers in the area, too, he said.

"What happens to the products from those farms? Will there be a market for them? They're really scared," Plakas said.

Attorneys: Don't rush into Norfolk Southern compensation

Meanwhile, Norfolk Southern has offered $1,000 checks to residents and business owners affected by the derailment and evacuations. The company also announced Tuesday that it will create a $1 million charitable fund to support the East Palestine community.

"Norfolk Southern continues to provide reimbursement for expenses incurred by residents affected by the evacuation, in addition to compensation for inconvenience during the evacuation, through our Family Assistance Center," a company spokesperson said in an email. "Acceptance of these reimbursements and/or inconvenience compensation is not a settlement of any future claim."

However, attorneys warned residents about signing any documents or accepting payments without making sure it does not waive their rights to future compensation.

"We don't know what the financial impact will be on these families, but certainly, it will be more than $1,000," Corroto said. "We think everybody should be leery ... until the full scale and scope of this disaster is known."

Reach Benjamin Duer at 330-580-8567 or ben.duer@cantonrep.com.

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