Four insurance companies sue Norfolk Southern for alleged negligence
A group of insurance companies that insure people and businesses in East Palestine is suing Norfolk Southern over the payouts these companies made in the wake of the toxic train derailment that happened last year.
Norfolk is being sued by four insurance companies: Erie Insurance Co., Erie Insurance Exchange, Homesite Insurance Co., and American Family Insurance. They are suing Norfolk over what they call "negligence, carelessness, and/or recklessness."
The lawsuit alleges that Norfolk Southern negligently and carelessly breached its duties in properly inspecting and maintaining its trains and railcars, including repairing and replacing any defects found in its train cars.
It also accuses the company of failing to adequately staff trains with personnel that "plan, prepare, coordinate and oversee the transportation of hazardous materials."
"Defendants were transporting approximately 1,600,000 pounds of toxic and hazardous materials," the lawsuit says. "In addition, following the derailment, Defendants used explosive devices which introduced harmful chemicals and toxins onto the insureds’ properties."
Norfolk Southern "knew or should have known that vinyl chloride, butyl acrylate, benzene residue, other contaminants as alleged, and byproducts including but not limited to volatiles, semi-volatiles, dioxins, and phosgene were hazardous and harmful to real property and human beings, and it was substantially certain that improper transportation, handling, and disposal of these materials would cause injury to Plaintiffs and their property," according to the suit.
The companies also accuse the company of violating industry standards, safety laws and regulations.
As a result of these accusations, the lawsuit says Norfolk Southern is directly responsible for the injuries and damaged suffered by the companies.
They are asking Norfolk to pay back a combined amount in excess of $150,000 plus interest and the costs of the lawsuit.
You can read the full lawsuit below:
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