Norfolk Southern class actions allege derailment, chemical spill forced evacuation due to toxicity

Norfolk Southern derailment class action lawsuit overview: 

• Who: Grayce Eisley and Jeffrey Zalick filed a class action lawsuit against Norfolk Southern Railway Co. 
• Why: Eisley and Zalick claim Norfolk Southern is responsible for a train derailment in East Palestine, Ohio, earlier this month that they argue led to the release of toxic chemicals in the air that may have contaminated soil and groundwater.
• Where: The class action lawsuit was filed in Ohio federal court. 

Norfolk Southern Railway Co. bears responsibility for the “catastrophic” derailment of a train hauling toxic chemicals through East Palestine, Ohio, earlier this month, a new class action lawsuit alleges. 

Plaintiffs Grayce Eisley and Jeffrey Zalick claim the Norfolk Southern train derailment resulted in a fire that released “toxic chemicals, into the air, soil, and water” and caused them direct and substantial damages. 

Eisley and Zalick argue Norfolk Southern was operating the train when it derailed — allegedly because of a broken or malfunctioning axel — and that approximately 10 of the derailed cars contained hazardous substances. 

“A number of the rail cars caught fire and continued to burn for many hours resulting in a toxic chemical fire that emitted dense clouds of noxious smoke fumes and vapors into the air,” the Norfolk Southern class action states. 

The allegedly hazardous substances that were released during the resulting fire included vinyl chloride, butyl acrylate and benzene residue, according to the Norfolk Southern class action. 

Thousands of residents forced to evacuate area following Norfolk Southern train derailment, class action says

Eisley and Zalick claim thousands of individuals living in the area of the train derailment were forced to evacuate, and that soil and groundwater may have also been contaminated by the toxic chemicals. 

“As a result of the derailment and the release of toxic chemicals into the surrounding environment, Plaintiffs and members of the proposed Class have suffered a decrease in the market value of their properties,” the Norfolk Southern class action states. 

Eisley and Zalick want to represent a class of individuals who have suffered harm as a result of the Norfolk Southern train derailment in East Palestine on or around Feb. 3. 

Norfolk Southern is accused of negligence, private nuisance and trespass. The plaintiffs are demanding a jury trial and requesting an award of economic and compensatory damages, and past and future medical monitoring for themselves and all class members. 

In another case involving a railroad, Illinois Central Railroad Co. agreed to pay $3.8 million last year to resolve claims the company broke the law by allegedly improperly collecting its employees fingerprints. 

Were you impacted by the train derailment that happened in East Palestine, Ohio, earlier this month? Let us know in the comments.

The plaintiffs are represented by Robert R. Sparks and Ronald R. Parry of Strauss Troy Co. LPA. 

The Norfolk Southern derailment class action lawsuit is Eisley, et al. v. Norfolk Southern Railway Co., Case No. 4:23-cv-00250, in the U.S. District Court for the Northern District of California.

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