Lawsuit filed against Norfolk Southern by East Palestine residents forced to evacuate

EAST PALESTINE, Ohio – After the derailment of a Norfolk Southern Railway train required residents to evacuate, local business owners and residents are suing the company for alleged negligence.

In the class action lawsuit, residents allege that crews from Norfolk Southern did not take the proper care to ensure their train cars carrying hazardous materials were safe and caused residents to be "involuntarily displaced." The plaintiffs sued the railroad company on behalf of the residents of East Palestine, seeking damages for all those displaced by the derailment.

Residents within a mile of the crashed Norfolk Southern train, which derailed on Feb. 3, were evacuated "to avoid the risk of death or serious injuries from the chemicals" Monday afternoon, including 22 residents in Beaver County's Darlington Township, before crews drilled into five tanker cars to release the contained gas.

More:Toxic chemicals released from Ohio train derailment to reduce explosion risk

The suit was brought forward by three plaintiffs from East Palestine: Harold Freezle, a local business owner who says he suffered damages from being forced to close; Susan Scheufele, a resident forced to evacuate; and David Scheufele, who says he suffered injuries as a direct result of the toxic chemicals at the accident site.

According to the lawsuit's claims, the plaintiffs allege Norfolk Southern did not exercise "reasonable care" when transporting hazardous materials. Other claims in the suit allege that the company caused "unreasonable interference for residents," allegedly carried out "conscious disregard for the rights and safety of other persons" and allowed "hazardous substances to invade the property of each and every member" of the community.

Throughout the lawsuit, the plaintiffs point to the dangers around the toxic vinyl chloride on the train. Vinyl chloride is a manmade, colorless gas that burns easily. It’s primarily used to make PVC, a plastic resin found in products like pipes, car parts, housewares, wire coatings and packaging materials.

Exposure to vinyl chloride through inhalation is associated with an increased risk of liver, brain and lung cancers, as well as lymphoma and leukemia, according to the National Cancer Institute. Breathing high levels of vinyl chloride can be deadly, and those who inhale the chemical over the course of several years in industrial settings sometimes develop nerve damage and immune system problems.

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Symptoms of vinyl chloride exposure include fatigue, dizziness, exhaustion, abdominal pain and gastrointestinal bleeding, according to the Centers for Disease Control and Prevention.

The lawsuit is also asking Norfolk Southern to release all studies and reports connected to the derailment and vinyl chloride release to the public. This would also prevent the railway from deleting any records about the train for a 72-hour period before the incident or removing any property from the derailment that could help determine the cause in the plaintiffs' investigation.

As of Wednesday afternoon, Norfolk Southern Railway has not issued a public statement on the pending litigation.

This article originally appeared on Beaver County Times: Lawsuit filed against Norfolk Southern by East Palestine residents