Business, residents file class action negligence lawsuit over East Palestine degradation, spill

A local couple and a business owner have filed a lawsuit seeking damages from Norfolk and Southern Railroad four days after a fiery railroad derailment in East Palestine.

A civil liability lawsuit filed in U.S. District Court on Tuesday alleges the railroad’s negligence, nuisance and trespassing caused a fifty-car line that released harmful chemicals and forced the evacuation of homes and businesses in the area.

Harold Feasley said in his complaint that the derailment forced him to close his operations at 50263 State Route 14. The indictment does not name the business, but according to the Secretary of State’s office, Fitzgerald owns Rollerena Auto Sales at that address.

Two other complainants, David and Susan Schuffele, said they were displaced from their East Clark Street home, while David Schuffele suffered injuries from toxic chemicals and smoke at the scene.

The suit, by Cleveland personal injury law firm Shapero Roloff, alleges the derailment and chemical spill were caused by Norfolk Southern’s negligence in operating the train and defects in the track system and one or more rail cars.

The complaint asks a federal judge to allow other plaintiffs who lived or worked within two miles of the derailment and were exposed to releases or toxic carcinogens as a result.

The complaint alleges that the railroad caused or allowed noxious fumes, chemicals, carcinogens, odors and hazardous substances to enter the railroad to “seize the property” of the train accident victims.

In addition to asking the court to declare the lawsuit a class action, the lawyers are seeking unspecified compensatory and punitive damages, as well as legal fees.

The suit also asks for a court order to prevent Norfolk and Southern from removing any property needed by experts to determine the cause of the spill and the loss of the accident, and to protect computers or other records related to the derailment.

Additionally, the complaint seeks an injunction restraining the railroad from forcing the plaintiffs to sign any documents releasing Norfolk Southern from any claims.

As of Tuesday night, Norfolk Southern had not responded to the complaint.