Lawsuit filed against CSX Transportation after Rockcastle Co. train derailment
ROCKCASTLE COUNTY, Ky. (WTVQ) — A lawsuit has been filed on behalf of two Rockcastle County residents after a train derailed the afternoon before Thanksgiving Day.
Plaintiffs Lauren Wells and Debbie Francisco allege the train derailment caused by CSX’s “reckless conduct” caused both women to be exposed to high levels of toxic chemicals.
Wells and Francisco are suing for medical monitoring, injunctive and declaratory relief, punitive damages, damages related to emotional distress, loss of property value, and increased risks of future illness.
They’re both asking for a jury trial as well.
On Nov. 22 around 2:30 p.m., at least 16 train cars derailed in Livingston causing a chemical spill of molten sulfur from at least three of the cars which also caught fire.
Both plaintiffs and many others were evacuated from the area.
The evacuation was lifted on Thanksgiving Day and residents were cleared to return to their homes.
CSX said in a statement the derailment was caused by a failed wheel bearing on one of the train cars.
The lawsuit was filed by Morgan & Morgan, which, in a press release, said the following of the suit:
“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. Many in the community have suffered significant irritation to their throats, eyes, lungs, mouths and lips, and have had their properties invaded by dangerous plumes of chemical smoke. I grew up just 50 miles from where this happened and am heartbroken thinking about the fear and pain the community has endured from this disaster.”
ABC 36 has reached out to CSX for comment on the lawsuit. We received the following statement:
“CSX is reviewing the allegations in the lawsuit. 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. We appreciate the partnership of the Rockcastle County first responders and the U.S. Environmental Protection Agency for their quick response, and the Red Cross and local businesses that worked with us as we provided food, lodging and expense reimbursement throughout our recovery efforts. CSX will continue to provide support recovery for the community.”
To read the full lawsuit, head here:
This story will be updated
