KNOXVILLE, Tenn. — Two Knox County residents have filed a class-action lawsuit against Norfolk Southern in connection with a Sept. 15 train derailment near Farragut’s Anchor Park that led to the evacuation of nearly 4,000 people, the Knoxville News-Sentinel reported.
Donn Stelzer and Bret Freeman filed the suit in Knox County Chancery Court the day after the derailment. In their complaint, they allege that Norfolk Southern’s conduct was negligent and caused thousands of people to suffer “economic losses.”
Stelzer and Freeman are asking for a maximum of $75,000 per plaintiff in compensatory and punitive damages.
Approximately 4,000 people were evacuated in Knox and Blount counties when a railroad car carrying more than 10,000 gallons of sulfuric acid ruptured. A toxic cloud drifted into the air and threatened several nearby subdivisions, forcing many residents to stay in motels and shelters until Sept. 17.
Norfolk Southern spokeswoman Susan Bland said Monday that her company was notified of the lawsuit last Thursday.
“We are aware of it, and as it’s pending litigation, we don’t have any real comment other than that we did receive it,” Bland said.
After the incident, Norfolk Southern opened a claims office at First Baptist Church Concord to reimburse people for out-of-pocket expenses and lost wages.
The suit doesn’t give specific details as to how the company was allegedly negligent, although the complaint describes Norfolk Southern’s conduct as “willful, wanton, malicious, outrageous” and in “deliberate disregard of, or with reckless indifference to, the rights and interests of” everyone covered by the class-action filing.
Bland said Monday that the investigation into the cause of the derailment is still pending and it might “take quite awhile to sort through.”
“Typically, our reporting takes quite some time,” she said.
The lawsuit seeks to include everyone who was evacuated or incurred economic losses because of the accident, including “all business entities which were compelled to close or who otherwise suffered a loss in business profits through decreased patronage during the evacuation period.”
The complaint specifically excludes any personal injury claims arising from the incident.
Both Stelzer and Freeman were among the thousands who evacuated the area and “suffered economic harm as a result of that evacuation,” according to the suit.