New lawsuit filed against Norfolk Southern over train derailment
LISBON — Another lawsuit was filed Friday morning in Columbiana County Common Pleas Court against Norfolk Southern Railway over the East Palestine train derailment and chemical catastrophe.
The case includes 30-plus plaintiffs made up of area residents and two businesses, while the list of 30-plus defendants includes Norfolk Southern of Columbus and Atlanta, Ga., OxyVinyls LP of Dallas, Texas, the Association of American Railroads in Washington, D.C., railroad operation-related companies for rail cars, etc., chemical companies, environmental companies related to the cleanup and emergency response and several John Does and unknown companies.
Most of the plaintiffs reside in East Palestine, along with Darlington, Allison Park, Ellwood City and Enon Valley, Pa., Austintown, East Liverpool, New Waterford and Columbiana. The two businesses listed were Blackhawk Chiropractic, Inc. in Darlington, Pa. and Brushville Supply, LLC in East Palestine.
“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. This complaint brings the claims that remain in Ohio for the plaintiffs who have yet to fully recover,” the document said.
The complaint went into great detail about past problems Norfolk Southern had with train derailments, details about the East Palestine train derailment the night of Feb. 3, 2023 and the controlled burn conducted on Feb. 6, 2023, response to the derailment and the aftermath. The complaint said the companies failed to keep the plaintiffs and the public safe in activities that further endangered their health.
“Defendants continued to tell plaintiffs, the community of East Palestine and the surrounding areas that it was safe, the soil was safe, the air was safe, and the water was safe. Unfortunately, those statements were fake news. As plaintiffs, the community of East Palestine, and the surrounding areas struggled with the aftermath,” the lawsuit said.
“Unfortunately, there are real people behind this story who suffered from the defendants’ failure to follow the safety rules,” the complaint said, rattling off a long list of injuries suffered ranging from dizziness, confusion, brain fog, neurological issues, skins issues and coughing to heart issues, cancer and other various health issues, including death. Businesses also suffered losses.
The list of claims included negligence, nuisance, strict liability, product liability, trespass, punitive damages, loss of consortium, wrongful death, survivorship and business interruption. The wrongful death claim stems from Courtney Fish, of East Palestine,, who allegedly died from the aftermath of the derailment.
Financial damages are being sought.
mgreier@mojonews.com



