AKRON, Ohio (Legal Newsline) — Ohio residents allege Norfolk Southern's "run it until it breaks" pattern played a role in the February derailment in Ohio.
Michael Loyd, Zoey Spellman, Jennifer Gray and Moore's Trucking filed a complaint March 23 in the U.S. District Court for the Northern District of Ohio against Norfolk Southern Railway Company and Norfolk Southern Corp., alleging violation of the Comprehensive Environmental Response, Compensation and Liability Act and other claims.
The plaintiffs - who are residents and a business in the Village of East Palestine, Ohio - claim in their class action that they have suffered damages due to Norfolk Southern's train derailment on Feb. 3, 2023, They allege the derailment, which caused the release of massive amounts of hazardous substances including vinyl chloride, butyl acrylate, benzene and other chemicals, into the air, groundwater, soil and surface waters in East Palestine.
They allege that Norfolk Southern had the most derailments of all railroad companies in Ohio during 2019 through 2022 with a total of 74 accidents and that Norfolk made changes to how top executives could qualify for large cash rewards regarding the "operating ratio." The plaintiffs claim this caused the increase in length of trains to lower operating costs with longer trains causing greater damage, pileups and fires.
They also claim Norfolk has a pattern of "run it until it breaks" and that crew members had been alerted by a mechanical alarm prior to the derailment. The plaintiffs allege Norfolk has also failed to properly clean up the hazardous chemicals, which has caused continued damage and increased the health hazards to their community's residents and environment.
The plaintiffs and the class seek monetary relief, interest and all other just relief. They are represented by Daniel Abraham, David Shroyer and Micheal Rapier of Colley Shroyer & Abraham Co., LPA in Columbus and D. David Altman, Justin Newman and Amy Leonard of AltmanNewman Co., LPA in Cincinnati.
U.S. District Court for the Northern District of Ohio case number 4:23-CV-00626-SL