Judge suggests consolidating derailment suits
YOUNGSTOWN, Ohio — U.S. District Court Judge Benita Y. Pearson has asked the attorneys for 18 lawsuits filed against Norfolk Southern Co. in the Feb. 3 East Palestine derailment to file a joint motion regarding possible consolidation of the 18 cases.
The order, filed Wednesday, asks that the parties propose by March 15 a “class counsel organizational structure” for the litigation and for the parties to provide the “views of all counsel” in a single document.
Two attorneys, Seth A. Katz and M. Elizabeth Graham, were assigned to coordinate the final version of the motion, and a third attorney, Jayne Conroy, was appointed to file the motion, according to Pearson’s order.
The attorneys for the 18 lawsuits also are required to file a “joint status report” setting forth their views and the views of attorneys for Norfolk Southern “regarding the potential consolidation of the 18 cases.”
It would involve the filing of a “master consolidated amended complaint,” the order states.
It’s unclear how the three attorneys were selected for their roles in filing the motion, but Conroy, who will file the motion, is part of legal team that filed the first lawsuit over the derailment.
That suit was filed four days after the derailment and one day after officials intentionally released vinyl chloride from tanker rail cars into the atmosphere to prevent a possible explosion.
The suit sought to be a class action and was filed by three East Palestine residents — Harold R. Feezle of state Route 14 and David J. and Susan E. Scheufele of East Clark Street “on behalf of themselves and all others similarly situated.”
The suit alleged the derailment and Feb. 3 “chemical spill” “was proximately caused by the negligence of” Norfolk Southern Railway Co. and / or Norfolk Southern Corp. It stated that Feezle and the Scheufeles and other possible class-action members “were faced to evacuate and be involuntarily displaced from their homes and businesses.”
The matter can qualify as a class action because the “controversy exceeds the sum of $5 million,” the suit alleged.
Feezle owns a business at 50263 state Route 14, the suit states. That address is associated with Rollerena Auto Sales. It is part of the area that was evacuated. “Mr. Feezle was forced to close his business during the time of the forced evacuation and suffered damages therefrom,” the suit states.
The Scheufeles had to evacuate their home on East Clark Street and “suffered damages therefrom” and also “suffered injuries as a direct and proximate result of his exposure to the toxic chemicals and fumes emanating from the accident site,” the suit alleges.