Norfolk Southern class action alleges Ohio residents face health concerns after derailment

Norfolk Southern derailment class action overview: 

• Who: Ohio residents have hit the Norfolk Southern train company with another class action lawsuit. 
• Why: The plaintiffs say the Norfolk Southern train derailment Feb. 3 caused East Palestine  residents physical and monetary harm.
• Where: The Norfolk Southern derailment class action was filed in an Ohio federal court.

Ohio residents have hit the Norfolk Southern train company with another class action lawsuit alleging its train derailment of Feb. 3 caused East Palestine residents physical and monetary harm. 

In a lawsuit filed March 21 in an Ohio federal court, residents alleged they have faced ongoing health and air pollution concerns after a train derailed and caused a chemical spill in East Palestine, Ohio, on Feb. 3.

The train allegedly had 20 cars that contained “hazardous materials,” the lawsuit states, and 10 of the cars derailed, five carrying vinyl chloride. The derailment caused a fire that ignited the chemicals and lasted for days, causing the Ohio governor to ask residents within a mile of the site of the derailment to evacuate, they say.

On Feb. 6, Norfolk Southern allegedly blew holes into the derailed vinyl chloride cars in order to leak the chemicals into a trench with flares that would ignite. However, the lawsuit alleges that the smoke from this fire spread.

“Fumes, sediment and a rise in particulate pollution from the derailment, fire, toxic chemical disbursement and subsequent explosion have been reported throughout an area encompassing at least 30 miles around the derailment site,” they state.

Air pollution has risen since the incident, residents say

According to the residents, the U.S. Environmental Protection Agency (EPA) particulate pollution monitor in Youngstown, Ohio — which is more than 23 miles from the derailment site — showed a greater-than-300% increase in the amount of small particles in the air Feb. 6.

“The concentration of particulate pollution continued to rise thereafter,” they state. 

Residents also report suffering from problems such as numb lips due to the “derailment, fire, toxic chemical disbursement and subsequent explosion.” 

As a result, the residents seek to represent a class of property owners or renters who owned or rented property within 30 miles of the derailment and were ordered to evacuate. They also seek to represent a class of people who were within 30 miles of the derailment.

They are asking the court for certification of the class action, damages, fees, costs and a jury trial. 

Meanwhile, Norfolk Southern is facing another class action lawsuit alleging it violated the property rights of East Palestine residents with homes and businesses within 20 miles of the site of the Feb. 3 train derailment.

What do you think of the allegations in this train derailment case? Let us know in the comments! 

The residents are represented by Steven M. Goldberg of the Law Office of Steven M. Goldberg and Eric H. Zagrans of Zagrans Law Firm.

The Norfolk Southern class action lawsuit is Bunts, et al. v. Norfolk Southern Railway Co., et al., Case No. 4:23-cv-00586, in the U.S. District Court for the Northern District of Ohio.

Read About More Class Action Lawsuits & Class Action Settlements:

• Norfolk Southern class action claims properties taken by eminent domain without payment
• Norfolk Southern class action claims derailment caused property values to decrease
• Baker, et al. v. Norfolk Southern Corp., et al.
• Irizarry, et al. v. Norfolk Southern Corp., et al.