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The trial commenced on Monday to determine whether two firms should compensate Norfolk Southern for the $600 million settlement related to the 2023 derailment incident in East Palestine, Ohio.
Norfolk Southern has accepted the settlement terms but is pursuing contributions from Oxy Vinyls, a major chemical producer, and GATX Corp., which leases railcars, to share the financial burden.
U.S. District Judge Benita Pearson approved the settlement and a 27% fee for attorneys last year. She will oversee this trial.
If the jury rules in favor of Norfolk Southern, the settlement sum will remain unchanged, as Norfolk Southern is still obligated to make the payment, but it seeks reimbursement from the two companies.
Norfolk Southern’s attorneys stated in the court filings, “Despite obtaining valuable releases under Norfolk Southern’s settlement with the class, GATX and OxyVinyls have yet to contribute anything to that settlement or to the class at all.”
The lawyers continued, “The evidence presented at trial will establish that both GATX and OxyVinyls acted negligently and that Norfolk Southern is entitled to contribution from each.”
reported in September 2024 that the hefty settlement was ill-received after the judge’s decision in court by some East Palestine residents due to concerns following an analysis by The Associated Press of how the Environmental Protection Agency handled the contamination data and cited a lack of transparency to residents.
Jami Wallace, a then-East Palestine resident, exited the courtroom calling the judge’s decision “a sham.”
In February, Wallace said on ” Now” that the “creeks are still contaminated. The only thing changing is people’s symptoms are actually going to longer-term illnesses,” and pled for help for the East Palestine residents impacted by the toxic spill from the train derailment.
Officials burned 116,000 gallons of vinyl chloride, a hazardous substance and a suspected carcinogen, to prevent explosions three days after the accident. Officials later said that was unnecessary. Since then, residents have reported illnesses and water quality concerns.