Residents Launch Class Action Lawsuit Over 'Devastating' Train Derailment

Two Kentucky residents who live near the site of a recent train derailment that is thought to have released noxious gases have launched a class action lawsuit against the operator over the effects they claim to have experienced since being allowed to return to their homes.

In a complaint filed on Wednesday, lawyers for the plaintiffs—Lauren Webb and Debbie Francisco—described Thanksgiving Eve as "a day of chaos and catastrophe" for residents of Rockcastle County. The derailment prompted the temporary evacuation of the surrounding area and "caused a devastating chain reaction—a chemical spill followed by a deadly fire that poured poisonous gases," the lawsuit said.

When approached by Newsweek for comment on Thursday, a spokesperson for CSX, the rail operator responsible for the train involved, said in a statement that the company "is reviewing the allegations in the lawsuit."

They said CSX prides itself on "being a safe railroad and in the rare occurrence of an incident like the one in Livingston, KY we respond quickly, prioritizing safety and supporting recovery of the community."

In a series of updates on the crash, CSX said the derailment involved 16 cars, including two containing molten sulfur that "lost some of their contents which continue to burn."

Molten sulfur is flammable and can be known to release poisonous gases such as hydrogen sulfide, which is highly toxic and can affect the respiratory and nervous systems when inhaled. Sulfur itself can cause respiratory irritation, burns to the skin, as well as headaches, nausea and vomiting.

Sulfur dioxide is a severe irritant that can irritate the respiratory system, eyes and skin.

CSX said there were two cars carrying magnesium hydroxide, which is considered minimally toxic, that derailed, but that there was "no indication" that they were breached in the crash. It added that the remaining cars that went off the tracks were either empty or carrying non-hazardous materials.

The lawsuit also claimed that one of the empty cars had previously contained methanol, a toxic alcohol, exposure to which can be extremely dangerous, but this has not been publicly confirmed by the company.

The derailment prompted Kentucky Governor Andy Beshear to declare a state of emergency to activate state-level resources and evacuate the city of Livingston and the surrounding areas.

"What residents believed would be a joyous holiday weekend soon turned into a nightmare as they were evacuated and displaced from their homes as they were preparing for their Thanksgiving gatherings," John Morgan, founder of Morgan & Morgan, which is bringing the complaint, said in a statement.

The lawsuit said that the evacuation order was given after residents reported "sulfur-like odors and symptoms related to sulfur dioxide exposure such as burning eyes and throats." After residents were allowed to return on Thanksgiving afternoon, the lawsuit claimed the plaintiffs and other residents have suffered "significant and sustained irritation to their throats, eyes, lungs, mouths and lips, and had their properties invaded by dangerous plumes of chemical smoke."

It accused CSX of "reckless and willfully indifferent conduct," arguing the company should not have operated a train carrying toxic substances in a manner its wheel bearing could have failed; that it should not have placed those substances in breachable containers; and that the train was allowed to continue to travel until failure as trackside detectors for overheating bearings were placed too far apart.

A preliminary investigation of another toxic derailment, near East Palestine, Ohio, in February—this time by Norfolk Southern—also found that a failed wheel bearing was responsible for that crash.

"Because of CSX's alleged recklessness and negligence in monitoring the train's wheel bearings, they've created a potentially deadly environment for all residents living in the surrounding area," said attorney Jean Martin, acting for the plaintiffs. "First responders to this catastrophe worked diligently for 24 hours to extinguish the fire, while putting themselves at risk of being exposed to potentially deadly chemicals and toxins."

On Sunday, CSX extended its "deepest gratitude" to authorities and first responders involved in the emergency response, and thanked local businesses who helped affected residents. It said as of Saturday afternoon, all 16 railcars had been removed and around 2,500 tons of contaminated soil had been replaced.

"CSX will continue to provide support for the community," a company spokesperson said.

The lawsuit alleges one count each of ultrahazardous activities, negligence, wilful and wanton conduct, private nuisance, and trespass, and asks for medical monitoring relief.

It also calls for a jury trial as well as "just and reasonable" damages and compensation for residents who were adversely affected by the derailment.