Local agencies dismissed from derailment-related wrongful death suit
LISBON — The village of East Palestine, East Palestine Police Department, East Palestine Fire Department and the Columbiana County Health District have all been dismissed from a lawsuit claiming wrongful death and negligence over the 2023 East Palestine train derailment.
The local agencies were among 52 defendants named in the lawsuit which involves more than 800 parties and was transferred from Franklin County to Columbiana County last month. Also dismissed from the case were defendants Alicon Environmental Inc. and American Engineer Group LLC.
Retired Cuyahoga County Common Pleas Court Judge Richard J. McMonagle was recently assigned by the Ohio Supreme Court to act as visiting judge for the lawsuit after Columbiana County Common Pleas Court Judges Scott Washam and Megan Bickerton both recused themselves due to conflicts.
Norfolk Southern leads the list of defendants which still includes local entities such as East Palestine City Schools, Columbiana Exempted Village School District, and Columbiana County Board of Commissioners.
The list of plaintiffs includes area residents who opted out of the huge class action lawsuit that had been filed and settled in federal court, along with some area residents who opted in, with addresses from East Palestine, Negley, New Waterford, Salineville, Rogers, Salem, Columbiana, Leetonia, Petersburg, Boardman, East Liverpool, the communities of Enon Valley, Rochester, New Galilee, Beaver Falls and Bessemer in Pennsylvania and Chester, W.Va.
An attorney for Norfolk Southern filed a request Oct. 3 for a status conference, indicating an intention to transfer venue, but nothing has been scheduled at this point.
Claims outlined in the complaint include negligence, nuisance, strict liability, trespass, punitive damages, loss of consortium, wrongful death, survivorship, civil conspiracy and Medicaid subrogation. The wrongful death claim alleges that Margie Mae Lewis, Margo Zuch, Randy Swogger, John R. Moore, Viola Noel, Edward Zins and Carlyn Tigelman all died from the aftermath of the derailment.
Several other lawsuits filed in Common Pleas Court against Norfolk Southern over the train derailment have been transferred to federal court.