Tamaroa train derailment named a top local story for 2003. Page 1A.
Change of venue requested in Tamaroa derailment lawsuit |
By Christi Mathis
Southern Illinoisan: Monday, December 28, 2003 SOUTHERN ILLINOIS — Motions and counter-motions have been filed in a class action lawsuit filed by a number of Tamaroa residents against the Illinois Central/Canadian National Railroad after the Feb. 9 derailment of a train carrying hazardous chemicals in the small Perry County community. The two sides are now arguing over the venue in which the lawsuit will be heard and whether or not it qualifies as a class action suit. The suit was originally filed in U.S. District Court in Benton weeks after the derailment by Joseph Leberman from the firm of Bryant Law Center of Marion and Metropolis. The plaintiffs listed include Christopher R. and Tracee Moss and son Clayton; Dawn L. Klamm and children Jayci D. Hilt and TJay M. Klamm; Vicki Przygoda and children Aaron S. and Ashley R. Przygoda; Larry and Shirley Galbraith; Kenneth R. Knapp and daughter Brittany; Ricky and Opaline Long; Kim L. Arendell; Randy Fallowell (doing business as R & R Feed and Bait) and other unnamed plaintiffs.
The suit was moved to St. Clair County Circuit Court after it was determined that the issues involved the damages, nuisance and inconvenience factors that are more state court issues rather than the federal issues dealing with the cleanup and environmental factors, Leberman said. The railroad was unsuccessful in moving the case back to Southern Illinois District Court as the East St. Louis court remanded it back to the state level. The plaintiffs want the case to now be heard in St. Clair County where it now is, Leberman said.
“We believe St. Clair County is more equipped and able to handle a class action suit like this,” Leberman said. Leberman said St. Clair is better equipped physically and financially to handle a trial involving the large number of plaintiffs, including at least one who is physically disabled. He pointed out that Perry County's main courtroom is upstairs with no elevator available and that the county is financially strapped already without the costs of a big trial like this. In addition, he said the metropolitan venue is more convenient for the expert witnesses that will be flown in for the trial.
“The facilities and the money for the trial are not there in Perry County,” Leberman said. “St. Clair is a perfectly appropriate venue.” “It's been filed in St. Clair County and we think it should be in Perry County where the incident happened,” said Jack Burke, Assistant Vice-President of U.S. Public Affairs for the Canadian National/Illinois Central. “It would also be much more convenient for everybody in Perry County,” he added. A “forum non conveniens” hearing is set for March 1 before Judge Michael O'Malley who will determine if the case stays in St. Clair County or if the railroad will win in its effort to change the venue to Perry County. The railroad is also fighting against the certification of the suit as a class action case by the court. Leberman said there are now about 425 plaintiffs and they all have similar complaints and issues so he believes the court will certify the case as a class action suit. “We don't see there being a basis for a class action suit,” Burke said. “We're opposing the class action.” A hearing on that decision is currently set in St. Clair County for May 17. Some of the complainants have actually already received financial settlements from the railroad and signed releases. The suit alleges the plaintiffs suffered personal and property damages as the result of the train derailment involving “hazardous, toxic and carcinogenic” materials and it claims the railroad offered insufficient compensation. The litigation seeks damages of $20,000 for each of the plaintiffs. The railroad offered to cover “reasonable” expenses incurred when residents were out of their homes and to provide a stipend of $50 per adult per day and $25 per child, up to $100 per family, as payment for the inconvenience suffered. Burke said the railroad has paid out in excess of $1 million in claims with a few small claims outstanding.
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