(The Associated Press circulated the following story by Blake Nicholson on September 1.)
BISMARCK, N.D. — The Canadian Pacific Railway is asking a judge to dismiss all claims from a January 2002 derailment that spilled more than 220,000 gallons of anhydrous ammonia and sent a deadly chemical cloud over Minot.
The railroad’s motion comes after two wrongful death lawsuits in the case. The latest one alleges that David Cramer, 83, of Minot, died of injuries he suffered during the disaster. It seeks more than $50,000 in damages.
The Canadian Pacific filed its motion in U.S. District Court in Bismarck, citing a recent decision by the St. Louis-based 8th U.S. Circuit Court of Appeals in a case involving a November 2000 Burlington Northern Santa Fe Railroad derailment and chemical spill in Scottsbluff, Neb.
Judges upheld a lower court ruling that said violation of a federal regulation or law “is generally not recognized as negligence” under Nebraska law.
Fargo attorney Mike Miller and Minot attorney Mark Larson, who represent hundreds of people in their injury claims against Canadian Pacific, called the railroad’s motion shameful and ludicrous.
“It’s just one more roadblock the railroad is throwing in front of us,” Miller said.
John Huber, director of government affairs for Canadian Pacific, said the railway had no comment Wednesday.
Miller said the railroad’s motion to dismiss likely will delay a decision from U.S. District Judge Daniel Hovland on whether to approve a plan to notify people who might have a claim under a class action lawsuit seeking damages.
Hovland granted class action status in May. Miller is proposing notifying every household in Ward County that it might have a claim – potentially more than 10,000 people. The railroad has objected, saying that would be more notice than required and might result in confusion.
Thirty-one cars on the 112-car Canadian Pacific train derailed on the west edge of Minot and five broke open early on the morning of Jan. 18, 2002. John Grabinger, who lived close to the wreck site, died and hundreds of people were injured when the cloud of anhydrous, a toxic farm chemical, was released over the city.
The first wrongful death case, which is scheduled for trial Oct. 10 in Minneapolis, was filed by Grabinger’s widow.
Larson is one of the attorneys representing the plaintiffs in the Cramer lawsuit. He said Cramer suffered permanent injuries to his respiratory system when his car was caught in the chemical cloud, and that it led to his death in December 2003. The railroad has until mid-September to respond.
The National Transportation Safety Board said last year that the derailment was caused by inadequate track maintenance and inspections, which the railroad disputes.