LISBON — A former Canfield property owner became the latest to file a lawsuit against Norfolk Southern over the Feb. 3, 2023 train derailment and chemical incident, seeking more than $1 million in damages.

Howard Perlmuter and the Howard Ernest Perlmuter Family Trust, both of Pepper Pike, filed the complaint Thursday afternoon in Columbiana County Common Pleas Court.

Defendants named included Norfolk Southern Railway Company of Upper Arlington, Norfolk Southern Corporation of Atlanta, care of Equiniti Trust Company LLC, Brooklyn, N.Y. and Norfolk Southern Corporation, Atlanta, Ga., along with three John Does, names and addresses unknown.

According to the lawsuit, Perlmuter and the Howard Perlmuter Family Trust purchased a home and property at Gully Top Lane, Canfield on May 23, 2022 and proceeded to complete home renovations totaling $137,000. In October 2022, Perlmuter moved into the renovated home, then on Feb. 3, 2023, the Norfolk Southern train derailed in East Palestine.

The lawsuit document claimed the plaintiff, Perlmuter, lived within a 20-mile radius of the derailment. He accused Norfolk Southern of negligence related to the derailment and release of noxious chemicals.

“Howard Perlmuter was forced to move from the house he had just moved into must three months prior to the train derailment due to the severe health risks incumbent with the toxic and poisonous air and water. As a result, the Howard Ernest Perlmuter Family Trust was forced to sell the property at a significant loss,” the lawsuit said.

According to the complaint the property was listed for sale through a realtor and there were few prospective buyers willing to buy the property in the vicinity of the train derailment.

Eventually, Perlmuter “was forced to accept a lowball offer of $577,665 resulting in the loss of approximately $130,000,” the lawsuit said.

He also claimed relocation and moving costs and a loss of time and effort to move in, rehab and renovate the property. There were also claims of severe emotional distress and psychological trauma.

Just two weeks ago, the owners of the still closed State Line Tavern on East Taggart Street in East Palestine filed a $5 million plus lawsuit against Norfolk Southern for damages related to the train crash and chemical spill.

Kelly Likovich and her husband Terry Berresford, both of New Galilee, Pa., which is about 7.5 miles from the crash site, filed the money complaint in Common Pleas Court, claiming damages to their business and a separate rental property, lost future income, lost property value, along with emotional trauma and medical issues.

The complaint blamed the defendants for causing a major train derailment that resulted in a noxious, poisonous and improper release of vinyl chloride into the area and approximately within 300 yards of the State Line Tavern, a business the couple had operated for 33 years at 51962 E. Taggart St., East Palestine, featuring food, beverage and clothing for sale. They also owned a rental property at 51976 E. Taggart St., East Palestine, which they used for monthly income.

Likovich and Berresford were forced to evacuate and close down the tavern and lost their rental income from the home, then the defendants took over their business property, parking trucks there and shutting down the road for an extended period of time. The business isn’t readily accessible and remains closed. The rental property also remains empty and “unrentable until the area is safe from harmful chemicals spilled into the atmosphere by the defendants.”

Both cases have been assigned to Common Pleas Court Judge Scott Washam. Norfolk Southern asked for other lawsuits filed against them to be moved to federal court, but nothing has been filed yet in either of these cases.

The deadline to file a lawsuit for personal injury or property damage related to the derailment is coming up on Feb. 3, the two-year anniversary of the crash. According to Ohio law, the statute of limitations on lawsuits related to personal injury and property damage is two years.

mgreier@mojonews.com