EAST PALESTINE, Ohio - The estate of an East Palestine woman has filed a wrongful death lawsuit against Norfolk Southern Railway Company, seeking at least $250,000 in damages. The lawsuit claims Cheryl Roush's death was caused by exposure to chemicals released after the Feb. 3, 2023, train derailment.

Jeremy Roush, acting as the administrator for Cheryl Roush's estate and is her brother, filed the complaint in the U.S. District Court in Youngstown. The lawsuit alleges Norfolk Southern's actions led to Cheryl Roush's injuries and her death at age 62 on July 25, 2023.

According to the lawsuit, a Norfolk Southern freight train was traveling from Illinois to Pennsylvania when a wheel bearing on one of its cars began to overheat. The complaint states the temperature of this bearing reached a level the railroad's policies consider "critical," requiring the train crew to stop. Video footage from around that time reportedly shows the railcar sparking near the wheel bearing.

The lawsuit claims the train was long and heavy, with a significant portion of its weight, including heavy tanker cars, loaded at the rear. The complaint alleges Norfolk Southern was aware of increased risks but acted in violation of its safety procedures.

Around 8:55 p.m. on Feb. 3, 2023, the overheated wheel bearing reportedly caused the axle to fail, leading to the derailment of about 40 cars in or near East Palestine. The lawsuit states that about 11 of the derailed cars carried hazardous chemicals, some of which are known to cause cancer.

The complaint further states Norfolk Southern did not report the derailment to federal authorities for nearly two hours and did not quickly tell firefighters and first responders about the hazardous contents of the railcars. This delay, the lawsuit claims, affected the response and allowed the fire to spread.

On Feb. 6, 2023, the lawsuit describes a "Controlled Release" where Norfolk Southern intentionally punctured cars holding vinyl chloride, draining the chemical into a trench where it was ignited. This action, the complaint alleges, created a large plume of thick black smoke that caused widespread contamination. The lawsuit claims safer options were not explored, with the company prioritizing reopening the railroad.

The lawsuit details several toxic chemicals released into the environment, including vinyl chloride and benzene. The substances are described as hazardous to human health. The complaint states Cheryl Roush's breathing was significantly affected by exposure to the airborne contaminants, leading to her death.

The lawsuit includes claims of negligence and strict liability against Norfolk Southern. It also seeks punitive damages, alleging the company acted with "utter indifference and/or conscious disregard" for Cheryl Roush's health.

The complaint notes that, according to the Federal Railroad Administration, Norfolk Southern had the most derailments of all railroad companies in Ohio and Pennsylvania from 2019 through 2022.

Norfolk Southern has yet to file a response to the suit.  21 News has reached out to the railroad, which responded with an email stating that it does not comment on pending litigation.

This is not the first wrongful death complaint filed in connection with the derailment.  A lawsuit is pending in Franklin County, Ohio, Common Pleas Court against Norfolk Southern and other defendants, detailing seven wrongful death allegations stemming from the derailment in East Palestine.

The complaint, filed January 31, 2025, alleges the derailment and subsequent "controlled burn" of chemicals led to severe health issues and deaths among residents.