On February 3, 2023 a Norfolk Southern train derailed in East Palestine, Ohio releasing thousands of gallons of vinyl chloride, and other toxic substances into the air, water and soil in and around this small Northeastern Ohio community.
Numerous residents and businesses in the East Palestine area sued Norfolk Southern because the evidence indicated that “hotbox detectors,” along the rail line clearly showed that the bearings on one of the train cars were extremely overheated; in fact, the base of the train car was “glowing.” In spite of this warning, Norfolk Southern took no action to stop the train and it soon derailed inside the village of East Palestine.
Vinyl chloride and other poisonous chemicals spilled onto the ground and into a nearby stream. Norfolk Southern, claiming that an explosion was imminent, received permission from local fire officials and the state EPA to engage in a “controlled burn” of the vinyl chloride and other chemicals. The so called “controlled burn” released a large quantity of toxic substances into the atmosphere in and around East Palestine. This contaminated the soil and water in an extensive area.
The National Transportation Safety Board (NTSB) has now determined that the “controlled burn” was unnecessary because, in fact, the temperature and the pressure inside of the derailed tank cars was decreasing, rather than increasing, and there was no danger of explosion. This fact was apparently concealed from the local fire chief and the Ohio EPA when they approved of the “controlled burn.”
Judge Benita Pearson of the United States District Court in Youngstown, Ohio recently issued a detailed and well-reasoned 40 page opinion denying Norfolk Southern’s effort to dismiss the lawsuit. Judge Pearson’s opinion begins with the following statement:
“The above-entitled action arises from the February 3, 2023 derailment in East Palestine, Ohio of Norfolk Southern Train 32N, known as “32 Nasty” to rail workers because of their concerns about its safety risks.”
The folks in and around East Palestine continue to experience the consequences of the safety risks presented by Norfolk Southern train “32 Nasty.”
Strauss Troy along with a team of four other law firms represents approximately 750 homeowners and business owners in the East Palestine area. The first trial in the case is scheduled for March 2025.
For further information about this litigation, contact Ronald R. Parry:
Strauss Troy Co., LPA
150 E. Fourth Street, 4th Floor
Cincinnati, Ohio 45202
Telephone: (513) 621-2120
Email: rrparry@strausstroy.com