Two more lawsuits filed against CSX nearly one year after derailment More lawsuits have been filed before the deadline on Saturday after the train derailment in Maryville last July.
Michael Crowe, WBIR 5:53 PM. EST June 30, 2016
(Photo: WBIR)
As the filing deadline approaches for lawsuits related to the 2015 Maryville train derailment, two more families have come forward with claims against CSX.
On Friday, Atlanta-based attorney Robert Underwood filed two lawsuits in Blount County Circuit Court.
The first is on behalf of Wendy and Manuel Toledo, of Maryville. They claim nuisance, battery, and several forms of negligence against CSX.
The Toledos' filing claims Wendy suffered a miscarriage about a month after the derailment, because of the emotional and physical distress she suffered.
Underwood also wrote CSX “failed to maintain devices capable of detecting overheated rail car wheel roller bearings," and failed to notify responding government agencies of the toxic nature of the cargo in a timely manner, in violation of Federal Law.
The second suit, on behalf of James and Shirley Andies, makes similar claims of negligence and battery. Both families request a jury trial and damages.
Reached for comment, a CSX representative said the company does not speak publicly about pending litigation.
“We appreciate our ongoing relationship with the City of Maryville and its residents, and we value the open dialogue we have maintained with them over this past year,” said Kristin Seay, a CSX spokesperson. “At CSX, safety is our first priority – for our employees and the communities we serve. It’s a core value our employees live by every day, and it especially influences the way we engage with communities impacted by a rail-related incident. CSX’s focus following any incident is the safety of the public, even after the immediate emergency response is over. We remain committed to our partners in Maryville as we continue environmental monitoring and open discussions about our response and restoration efforts.”
The derailment, and subsequent spill of acrylonitrile, forced some 6000 residents from their homes for several days.
Several first responders needed medical treatment for exposure to the burning chemical, which can turn to cyanide in the blood.
In addition to the two new filings, two federal lawsuits are also pending against CSX.
One was filed by 11 first responders, seeking $75,000 from CSX to cover medical bills related to their work in the contaminated area. They claim CSX did not notify them that the cargo was toxic quickly, and they were exposed as a result.
The second federal lawsuit was filed by approximately 10 residents. They’re asking for $5 million in damages for property damages, inconvenience, fear and mental anguish, according to court records.
Read CSX's full statement sent to 10News below:
"We appreciate our ongoing relationship with the City of Maryville and its residents, and we value the open dialogue we have maintained with them over this past year. At CSX, safety is our first priority – for our employees and the communities we serve. It’s a core value our employees live by every day, and it especially influences the way we engage with communities impacted by a rail-related incident. CSX’s focus following any incident is the safety of the public, even after the immediate emergency response is over. We remain committed to our partners in Maryville as we continue environmental monitoring and open discussions about our response and restoration efforts.
INITIAL RESPONSE
In the hours, days and weeks that followed the July 1, 2015 derailment, CSX personnel worked alongside first responders, officials and volunteers from the City of Maryville, Blount County and the Town of Alcoa. Together we deployed a comprehensive community response plan, which prioritized the needs of the community and immediately mobilized significant resources to minimize the impact to neighbors and the environment. Within 24 hours we opened a Community Outreach Center staffed with CSX personnel and volunteers to offer resources including lodging, food, access to prescription medications and pet care to evacuated families. We also began air, water and soil monitoring in conjunction with federal and state environmental agencies to quickly identify and mitigate any impact to the environment and prevent potential impacts to public health and safety.
MONITORING
Today, we're continuing ground water monitoring in coordination with the Tennessee Department of Environment and Conservation (TDEC) Water Resources Division. The only detections continue to be in the ground water monitoring wells in the immediate vicinity of the derailment site. Sampling results continue to show no detections in any of the private water wells in the community. CSX will continue monitoring under the direction of TDEC. We're also coordinating with the Federal Railroad Administration on the ongoing investigation into the cause of the derailment.
Throughout the past year, we’ve kept an open dialogue with community leaders in Maryville, keeping them informed of the ongoing environmental monitoring and assessing and responding to community needs. We will continue updating them and listening to their feedback, which can help CSX improve the way we respond to rail-related incidents.
SAFETY
At CSX, we’re always implementing new technologies that help us become a safer and more efficient railroad. Technology complements our robust maintenance, inspections and training programs. As one example, the Track Geometry Cars travel across the CSX network each week, scanning tracks and bridges with an assortment of lasers and acoustic devices and giving us precise assessments of track conditions. The Geometry Cars give CSX track managers the information they need to prioritize maintenance crew assignments and more efficiently address track improvements. Technology like this, combined with on-the-ground verification by CSX experts, is opening doors to new possibilities in the realm of safety and we are working diligently to maximize the benefits we can derive from the data we’re collecting.
CSX also remains committed to training local first responders who work in the communities we serve, empowering them with the skills and knowledge they need to respond to rail-related emergencies. Last year, CSX safety experts trained and provided access to training for more than 7,000 first responders, including a group from Blount County.
THE FUTURE
Looking forward, we will continue exploring new opportunities to enhance safety on our railroad and we will refine our community response efforts as we get valuable feedback from the communities we serve. We value the feedback we have received so far from officials and first responders in Maryville, and we will continue to maintain an open line of communication – not just with public officials, but with community members as well. We encourage community members to call 1-877-TellCSX (1-877-835-5279) with any rail-related concerns or questions they may have."