WASHINGTON, April 9 (Reuters) - U.S. railroad operator
Norfolk Southern ( NSC ) has agreed to pay $600 million to
settle a class action lawsuit over a February 2023 East
Palestine, Ohio train derailment that spilled toxic chemicals,
according to the company and court documents.
The agreement in principle, which is still subject to court
approval, would cover claims from residents and businesses in
the city and impacted surrounding communities.
It will also provide compensation "for past, present and
future personal injuries resulting from exposure to the
chemicals involved", the lawyers bringing the action against
Norfolk Southern ( NSC ) said in a joint statement.
The train caught fire and released more than a million
gallons of hazardous materials and pollutants, sparking concerns
abut U.S. rail safety.
Jayne Conroy, a lead attorney representing the class, said
the proposed settlement is "much larger than any derailment
settlement in the United States".
The agreement will resolve all class action claims within a
20-mile radius of the derailment and, for those residents who
choose to participate, personal injury claims within a 10-mile
radius, court documents show.
Conroy estimated there are just under 100,000 class members
who will be eligible to receive funds from the settlement,
including up to 25,000 residents who live within 10 miles and
another roughly 72,000 living within 20 miles of the crash site.
Norfolk Southern ( NSC ) is not admitting liability or wrongdoing.
Some details still need to be finalized, including setting
an allocation formula and how to efficiently process claims and
distribute funds. The lawyers suing Norfolk Southern ( NSC ) hope to get
initial payments distributed by the end of 2024, they said.
Claims will consider factors including location relative to
the derailment, household membership, the length of any
displacement, and exposure to contaminants, the lawyers said.
Last year, Norfolk Southern ( NSC ) agreed to compensate homeowners
around East Palestine, Ohio who have had to sell their
properties at a reduced value.
In addition to the class action, Norfolk Southern ( NSC ) also faces
lawsuits filed by shareholders, the state of Ohio and the U.S.
Justice Department.
In May 2023, a U.S. Senate committee approved bipartisan
rail safety legislation that tightens rules on trains carrying
explosive substances like the Norfolk Southern ( NSC )-operated train,
but further action has stalled.