Lawsuit alleges negligence in Thanksgiving train derailment and fire in Kentucky

One of the nation’s largest railroad carriers was negligent in a train derailment in Kentucky that forced nearby residents out of their homes the day before Thanksgiving, a federal lawsuit charges.

Attorneys for two women who live near the site of the Nov. 22 derailment in Rockcastle County filed the lawsuit in federal court Wednesday against CSX Transportation.

The lawsuit seeks certification as a class action. That means many more plaintiffs could be added if a judge approves, which would drive up the potential payout.

The derailment happened when 16 cars left the tracks near the small town of Livingston about 2:30 p.m.

Two cars were carrying molten sulfur and at least one broke open. The chemical caught fire, sending noxious fumes into the air.

Gov. Andy Beshear declared a state of emergency and officials advised residents to evacuate. Officials set up a shelter in a middle school and CSX provided for hotel rooms and meals.

CSX said the accident happened because a wheel bearing on a car failed.

“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 of Rockcastle County,” Jean Martin, an attorney for the two women who filed the lawsuit, said in a statement.

A spokeswoman for CSX said the carrier is reviewing the allegations in the complaint.

“We pride ourselves 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,” the company said in the statement.

The statement said the company appreciated the efforts of first responders, the U.S. Environmental Protection Agency, the Red Cross and local businesses in the wake of the accident.

People were allowed back in their homes Thanksgiving afternoon.

According to the lawsuit, molten sulfur releases sulfur dioxide into the air when it burns. Depending on the level of exposure, sulfur dioxide can cause a range of problems from irritation to the eyes, nose and throat, breathing difficulties, and life-threatening damage to the respiratory system, the lawsuit says.

After the train derailed and burning “toxic sulfur dioxide permeated the air,” residents said they experienced problems that included asthma attacks and throat and eye irritation.

The lawsuit alleges CSX initially told first responders there was nothing to worry about because the train was carrying food-grade substances, but that was not the case.

Officials first advised residents to leave the evening of Nov. 22 and then went door to door early Thanksgiving Day telling people they needed to leave as the blaze “continued to soar and pollute the air,” according to the complaint.

One of the women named as a plaintiff in the lawsuit, Lauren Webb, lives in Livingston, about two miles from the site of the accident, and she and her family “were surrounded by toxic smoke in their home,” the lawsuit says.

Webb also is a firefighter and worked for more than 13 hours to help control the fire.

Webb has had a sore throat, trouble breathing, headaches and a respiratory infection, and sought treatment at a hospital emergency room.

Webb “lives with ongoing pulmonary irritation and fear for the long-term consequences to her health,” the lawsuit says.

The other initial plaintiff, Debbie Francisco, lives about a mile from the wreck site and her house was surrounded by thick, toxic smoke.

She also has had problems since, including a burned throat and nasal irritation.

People near the derailment site received significant exposure to toxic chemicals and suffered discomfort, inconvenience, loss of use and enjoyment of their property, emotional distress, diminished property value and increased risk of future illness, the lawsuit argues.

According to the lawsuit, CSX said the failed wheel bearing didn’t get hot enough to set off an alarm along the tracks at the last detector the train passed.

Without that alarm, the crew didn’t have a warning to stop the train.

But the lawsuit argues CSX was negligent in not placing detectors closer together.

The train had traveled about 21 miles since passing the last detector, and was still two miles away from the next detector when the bearing failed and the cars plunged off the track, the lawsuit says.

The company has detectors an average of 14.9 miles apart on its rail network in the eastern U.S., but they are farther apart on some stretches, the lawsuit says.

The derailment and fire could have been prevented if CSX had placed sensors closer together and monitored wheel bearings better, the lawsuit says.

The railroad company knew, or should have known, that a distance of more than 23 miles between detectors was “unreasonable, negligent, reckless, and not in accordance with industry standards,” the lawsuit charges.

The cars also shouldn’t have broken open after leaving the tracks, the lawsuit says.

The complaint also alleges that CSX violated federal regulations by not properly performing inspections or operating a car that failed inspection, and keeping a car in service with a bearing that showed signs of overheating.

The lawsuit seeks an unspecified amount of money to compensate people and punish CSX; money for medical monitoring for residents; and attorney fees.

Attorneys for Morgan & Morgan filed the complaint.