(The Democrat and Chronicle published the following story by Rick Armon on its website on July 26.)
ROCHESTER, N.Y. — The owner of a Charlotte bar and marina is suing CSX Transportation and Eastman Kodak Co. for a total of $5 million, saying a fiery train crash in 2001 damaged his property and cost him business.
Terry Testa, owner of Pelican’s Waterfront Café and Pelican Marina, filed suit last week in state Supreme Court.
A runaway train crashed and exploded along River Street on Dec. 23, 2001, and diesel fuel, acetone and methylene chloride spilled. Several buildings and boats were destroyed. CSX has publicly taken responsibility, blaming a worker who failed to properly set the train’s brakes.
The accident virtually shut down the marina, which operates year-round, and delayed the opening of his bar/restaurant, which is open between April and October, Testa has previously said.
William C. Dedes, Testa’ s attorney, said Kodak was named in the suit because there is a question of control and supervision at Kodak. The train was delivering some chemicals to Kodak.
CSX spokesman Bob Sullivan said the company has tried to be fair in its dealings with Testa and is awaiting documentation supporting his claims. The suit says Testa already has received a partial payment from CSX.
A Kodak spokesman said he could not comment because he had not seen the suit.
The suit is the second one filed against CSX this month. William Danis, whose house and boat were destroyed in the crash, is suing CSX for $1.55 million for mental anguish and property damage.