CSX train derailment class action lawsuit overview:ย
- Who: Lauren Webb and Debbie Francisco filed a class action lawsuit against CSX Transportation Inc.ย
- Why: Webb and Francisco claim CSX is responsible for a Thanksgiving Eve train derailment that caused poisonous gasses to pour into the community of Rockcastle County, Kentucky.ย
- Where: The class action lawsuit was filed in Kentucky federal court.ย
CSX Transportation is responsible for a Thanksgiving Eve train derailment that led to a deadly fire and caused poisonous gasses to pour into the community of Rockcastle County, Kentucky, a new class action lawsuit alleges.ย
Plaintiffs Lauren Webb and Debbie Francisco claim CSX made a public statement following the train derailment that disclosed the incident happened due to a wheel bearing failure on one of the train cars.ย
Webb and Francisco argue the train derailment could have been prevented had CSX placed trackside detectors closer together and โmore closely monitored the trainโs wheel bearings.โย
โCSXโs train should never have been operated in such a reckless manner that its wheel bearings would fail and cause derailment, especially when the train carried highly toxic and combustible substances,โ the CSX class action states.ย
Webb and Francisco want to represent a class of all natural persons who resided or were present in the evacuation zone of the CSX train derailment in Rockcastle County, Kentucky, on Nov. 22, 2023.ย
Residents report symptoms of sulfur dioxide exposure, class action says
In the wake of the CSX train derailment, Kentucky Gov. Andy Beshear declared a state of emergency and instructed residents to clear the area, with local officials later lifting the evacuation order on the afternoon of Thanksgiving Day, according to the CSX class action.ย
Webb and Francisco argue residents in the area around the train derailment reported suffering from symptoms of sulfur dioxide exposure, such as burning eyes and throats, in the immediate aftermath of the CSX train derailment.ย
โAs a result of CSXโs failures, plaintiffs and class members have been exposed to toxic and noxious chemicals,โ the CSX class action states.ย
Webb and Francisco claim CSX is guilty of private nuisance, negligence, ultrahazardous activities and willful and wanton conduct.ย
The plaintiffs demand a jury trial and request injunctive and declaratory relief along with an award of compensatory, punitive and exemplary damages for themselves and all class members.ย
Ohio residents filed a similar class action lawsuit against Norfolk Southern earlier this year over claims a February train derailment caused residents in East Palestine, Ohio, both physical and monetary harm.
Were you affected by the CSX train derailment? Let us know in the comments.
The plaintiffs are represented by Josh Autry, Jean S. Martin and Francesca K. Burne of Morgan & Morgan.ย
The CSX train derailment class action lawsuit is Webb, et al. v. CSX Transportation Inc., Case No. 6:23-cv-00211, in the U.S. District Court for the Eastern District of Kentucky.
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3 thoughts onCSX class action claims company failures resulted in Kentucky train derailment
No one came and told us anything. I waited outside pretty much the whole night, waiting for someone to come around cause my dogโs mean and I didnโt want any one to get bit. So was outside breathing in that poison, and didnโt know it, wondering why I was feeling light headed with horrible headacheโs and I couldnโt get this bitter salty taste out of my mouth for weeks. The sad part about it, is that I have a wife and three kids that live here too and no one even cared enough to tell us what was going on
Yes I was in the evacuation zone yet my door wasnโt even knocked on
So was I I love at ground zero