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derailment lawsuit moved |
(The following article by Christi Mathis was posted on the Southern
Illinoisian website on May 16.)
TAMAROA, Ill. -- A lawsuit filed by a group of Tamaroa residents seeking
compensation for damages and losses suffered when a Canadian
National/Illinois Central Railroad train derailed in their community
last year has been moved to Perry County.
A hearing is scheduled for 1:30 p.m. Monday on a request by the
plaintiffs to have their suit certified as a class action.
The case was originally filed by Joseph Leberman of the firm of Bryant &
Kautz of Marion and Metropolis in federal court. It was changed to a St.
Clair County suit, but the railroad had sought to transfer the case to
Perry County. The plaintiffs wanted the suit left in St. Clair County,
where jury awards are typically higher. By law, a suit can be filed in
the county in which an incident occurs or a county in which a defendant
does business.
Judge Michael O'Malley ruled in mid-April that the case should be
transferred because "the overwhelming evidence demonstrates that the
public and private factors strongly favor transfer to Perry County."
However, O'Malley will remain the judge on record for the case and he
determined that all hearings prior to the actual trial will be held in
St. Clair County and all paperwork filed in the case will include copies
sent to him and the St. Clair County Court. Only the actual jury trial,
should the case proceed to jury without settlement, will be in Perry
County. The case was actually filed as a transferred case May 5 in Perry
County.
The suit was filed in July 2003 on behalf of Marvin and Roberta Smith,
Pam Runnells, Mark Chaney, Teddie Maxton, Max Dearmon, Thomas Trigg,
Cheryl Triff, Klaudine Kwiatakowski, Larry and Shirley Galbraith
individually and as representatives of members of the class against the
Illinois Central Railroad Company, doing business as the Canadian
National/Illinois Central Railroad. The suit alleges the compensation
offered by the railroad after the Feb. 9, 2003, derailment is
insufficient. The suit alleges the plaintiffs suffered personal and
property damages as the result of the train derailment and spill
involving "hazardous, toxic and carcinogenic" materials.
Tamaroa residents were displaced for up to five days after the
derailment. There were no injuries or deaths but authorities say the
situation could have easily been deadly due to the nature of the
chemicals involved.
The railroad offered to cover all "reasonable" expenses incurred when
residents were out of their homes along with a stipend of $50 per adult
per day and $25 per child, up to $100 per family, as compensation for
the inconvenience suffered. About 1,000 Tamaroa are residents accepted
the settlement offer but 440 have now joined the suit. Some already
received a settlement payment while others haven't.
The suit seeks damages of $20,000 for each plaintiff.
Railroad officials did not return calls seeking comment regarding the
lawsuit and status of the cleanup.
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