Visiting judge selected in derailment lawsuit
LISBON — Retired Cuyahoga County Common Pleas Court Judge Richard J. McMonagle has been assigned by the Ohio Supreme Court to act as visiting judge for the lawsuit involving more than 800 parties with claims of wrongful death and negligence over the 2023 East Palestine train derailment.
When transferred last month from Franklin County, the case had been assigned to Columbiana County Common Pleas Court Judge Scott Washam, but he recused himself, and then Common Pleas Court Judge Megan Bickerton recused herself. As administrative judge, she requested the Ohio Supreme Court assign a visiting judge to oversee the case.
Norfolk Southern leads the list of 52 defendants named in the lawsuit which also includes local entities such as the Village of East Palestine, the East Palestine Police and Fire Departments, East Palestine City Schools, Columbiana Exempted Village School District, Columbiana County General Health 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.
In a recent filing, American Engineer Group LLC was dismissed as a defendant.
An attorney for Norfolk Southern filed a request Oct. 3 for a status conference, indicating an intention to transfer venue.
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.
mgreier@mojonews.com