FELA Lawsuit

Approximately 42,000 gallons of sodium hydroxide, commonly known as lye, were dumped into a prized trout stream when 31 railroad cars derailed near the town of Gardeau in northwestern Pennsylvania on June 30, 2006. Prosecutors have said that the train’s engineer was under the influence of drugs and may have fallen asleep. The train derailed after speeding down a steep grade at more than 70 miles per hour. The train should have been going no more than 15 miles per hour.

Thirty Miles of waterways were affected by the derailment and toxic chemical spill. Thousands of fish were killed in Big Fill Run, Sinnemahoning-Portage Creek, and the Driftwood branch of Sinnemahoning Creek – three popular trout fishing streams.

Norfolk Southern pleaded no contest on November 15, 2007 to charges of violating Pennsylvania’s Fish and Boat Act, and to two charges of violating the Solid Waste Management Act. The railroad company spent more than $4 million dollars cleaning up the spill. Under one of the largest pollution settlements in the state, Norfolk Southern agreed to pay $7.35 million to the Department of Environmental Protection and the Fish and Boat Commission, in addition to a $150,000 fine, and agreed to donate $100,000 to environmental groups. “We think this is a fair settlement for all concerned and certainly was better than the alternative of an extended court situation,” said Norfolk Southern spokesman Rudy Husband.

To learn more, contact the FELA Attorneys at Williams Kherkher at 1.800.220.9341.