More lawsuits have been filed against Norfolk Southern in U.S. District Court in Youngstown, alleging that the railroad’s cost-cutting practices contributed to the February 3, 2023, East Palestine derailment and the subsequent release of toxic chemicals.

The personal injury law firm Cory Watson of Birmingham, Alabama, has filed five new complaints in addition to the four filed last week alleging that the train had multiple ignored safety issues, including a dangerously overheated wheel bearing.

The derailment resulted in the release of toxic chemicals, including vinyl chloride. The lawsuits further claim that the “controlled burn” of chemicals exacerbated the contamination.

One of the latest suits were filed on behalf of Buck Berry Farm, which sells beef, pork, chicken, eggs, jams, jellies, and baked goods from their business on South Forbes Street.

In addition to their livestock developed unusual breathing issues and other illnesses., Buck Berry’s owners say customers cancelled orders because of fear of contamination.

McKim’s Honeyvine claims the incident ruined plans to move their wine business out of their home, citing lost sales because customers feared contamination.

The New China Café, which has been serving customers on North Market Street since 2019, also sued the railroad claiming the derailment forced them to close for cleaning, ruined inventory, and cost them employees and customers.

Owners of the Muscle Works Gym, Dunes Tanning, and apartments on Taggart Street also claim a loss of customers, revenue, and staff.

The operators of Learning Tree Child Care Ceenter say in addition to closing for the evacuation order, they incurred cleaning costs.  The complaint alleges that families withdrew ten children from daycare, and they also lost staff members.

Each lawsuit seeks damages exceeding $75,000 and a jury trial.

Other Lawsuits

A similar negligence lawsuit was filed in federal court against Norfolk Southern by the Cincinnati law firm Strauss Troy, seeking damages and costs for nineteen plaintiffs.

The plaintiffs include Pennsylvania businesses NulfCo, LAG Pools, McKay and Gould Drilling and Unforgettable, as well as several Ohio-based businesses and individuals, including East Palestine Fraternal Order of Eagles, Inc., and various families.

 The lawsuit seeks compensatory and punitive damages, as well as the costs of medical monitoring.  They are also demanding a jury trial. 

Norfolk Southern has yet to respond to any of the lawsuits.