U.S. District Judge Stephen McGlynn has denied Norfolk Southern Railroad's motion to dismiss a property damage lawsuit arising from the derailment of 38 freight cars carrying toxic and hazardous materials on Feb. 3, 2023, in East Palestine, Ohio.
McGlynn found his court has personal jurisdiction over Norfolk Southern in a case where Ohio plaintiffs argue that the Southern District of Illinois is appropriate as the defendant assumed control of "Train 32N" in Madison, Ill.
"While Norfolk is correct that the complaint alleges that the derailment and ensuing damages occurred outside of Illinois, its argument that Plaintiffs have not alleged any negligent conduct in Illinois is misplaced," McGlynn wrote in an April 21 order.
Plaintiffs, lead by Rebecca Duncan, allege that the railroad "knew or should have known of the dangers of the failure to operate, maintain, inspect, and repair their railway and Train 32N in a reasonable manner and that failure could reasonably lead to a breach of this duty resulting in the damages incurred by the Plaintiffs."
The lawsuit further claims that there had been "widespread concerns...among those working on Train 32N regarding the train’s excessive length and weight – approximately 151 cars, 9,300 feet long, and 18,000 tons.”
It also alleges that “Train 32N was backloaded with 40% of its weight, the heaviest tanker cars, at the rear” and that Norfolk “was aware of the increased risks of a dangerous event occurring with Train 32N prior to its derailment.”
McGlynn wrote that plaintiffs "tie these facts to its claim of negligence by stating that “[a]ll of these factors contributed to both the initial breakdown and the derailment.”
"It is undisputed that Norfolk assumed control of Train 32N in Madison, Illinois, where it departed for Ohio by way of Decatur, Illinois," he wrote. "It follows that Plaintiffs have alleged that Norfolk committed tortious conduct by failing to properly inspect said train for defects in southern Illinois."
While McGlynn held his court has personal jurisdiction, "it is questionable as to whether this district is the proper venue to bring this cause of action."
He ordered Norfolk Southern to provide a supplemental brief on the issue of venue