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Additional lawsuits filed against Norfolk Southern in Columbiana County court

LISBON — Two more lawsuits were filed Monday in Columbiana County Common Pleas Court against Norfolk Southern over the Feb. 3, 2023 train derailment and fire, including one by a local television reporter and one by an insurance company seeking damages.

Four entities of Allstate filed the case against Norfolk Southern Corporation, Atlanta, Ga., and Norfolk Southern Railway Company, Columbus, seeking damages in excess of $295,000, along with costs and attorney fees, as reimbursement for what was paid to insureds to replace or repair damaged or destroyed property in East Palestine.

Anna Marsick, a resident of Cuyahoga County, was working as a television reporter for WKBN and covered the incident in East Palestine within hours of it happening and for several months after in close proximity to the derailment site and resulting toxic spill. She’s seeking damages in excess of $1 million, along with punitive damages, attorney fees and costs for personal injuries from exposure to the toxic fumes.

According to the lawsuit by Allstate of Northbrook, Ill.: Allstate Insurance Company filed as subrogee of Marsha Crowl, East Grant Street, East Palestine; Allstate Indemnity Company filed as subrogee of Kelly See, East Clark Street, East Palestine, and Anthony Monteleone and Tristan Reynolds, both East Martin Street, East Palestine; Allstate Vehicle and Property Insurance Company, as subrogee of David Sharek, East Martin Street, East Palestine, Chester Smith, Wood Street, East Palestine, Nicole Arter, East North Avenue, East Palestine, and Sean Hutton, East Taggart Street, East Palestine; and Allstate Property and Casualty Insurance Company, as subrogee of Allison Shipe, East North Street, East Palestine.

Both lawsuits talked about the fire and derailment, the dangerous chemicals being hauled, how the derailment occurred, how chemicals were released and how a detonation resulted in fire, smoke, chemicals, contaminants and debris.

The Allstate claim accused the railroad of negligence, nuisance and trespass, damaging the properties of the insureds.

The Marsick lawsuit made claims of negligence and liability and said she was “exposed to dangerous and/or deadly fumes, toxins, and particulate matter in the air and water and required medical care from illness caused therefrom and as a result of the permanent nature of her injuries will be caused to incur future medical damages, illness and premature death.”

A few other lawsuits also remain pending in Common Pleas Court against Norfolk Southern over the train derailment and chemical release, along with multiple lawsuits in federal court in Youngstown. Monday was the two-year deadline for filing personal injury claims or property damage claims related to the incident, per Ohio law related to personal injury or property damage claims.

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