(The Southern Illinoisan posted the following article by Christi Mathis on its website on March 4.)
TAMAROA, Ill. — The payout by the Canadian National Railway for expenses and losses suffered by people, businesses and agencies because of the Feb. 9 train derailment in Tamaroa continues. Meanwhile, more residents have joined in a class action lawsuit against the railroad seeking $20,000 per person.
Calculating the full cost of the accident, which forced the evacuation of as many as 1,000 people from their homes because of spilled hazardous chemicals, is going to take up to several months, said Jack Burke, assistant vice president for U.S. public affairs for Canadian National/Illinois Central.
But Burke said that as of Feb. 26, the last day for which he has numbers, 985 Tamaroa residents had settled their claims against the railroad, for a total payout of $283,897. In addition, 58 businesses received payouts totaling $99,682.
“The vast, vast majority of people have decided our compensation is fair and reasonable and have signed releases and settled with us,” Burke said. “The vast majority of claims have been fair and reasonable. We’ve paid for hotels, we’ve paid for meals, we’ve paid for clothing and lost wages. We’ve paid for costs people incurred and for the inconvenience.”
Law enforcement officials had estimated that the accident displaced about 1,000 people living within a three-mile radius of the scene. Some were homeless until the evening of Feb. 14.
More than 100 Tamaroa residents have now joined a class action lawsuit filed by Joseph Leberman of the firm of Bryant and Kautz of Marion and Metropolis.
Leberman said the suit is seeking $20,000 per person for actual losses and inconvenience. The suit might later seek compensation for health concerns or effects of the hazardous chemicals on property values.
“We’re still sorting through the details,” Leberman said. He said his firm is still accepting clients for the suit, and is fielding questions from those who are considering whether they want to join the suit or settle with the railroad.
“I know there are people out there who have not signed a contract and have not signed waivers and settled with the railroad. We understand people have questions,” Leberman said. He also said a “very small number” of his clients have already received a settlement.
“We will ask the court at some point to set aside the releases they had signed because they weren’t an informed waiver of their rights,” Leberman said.
Burke said just one person has returned a check issued by the railroad. In addition, he said the releases that residents are signing when settling with the railroad release his company only from liability for the losses they are currently aware they have suffered. That means if there were any loss of property values or health problems that could later be proved to be connected to the derailment, the waivers won’t free the railroad from liability.
“The release does not cover unknowns,” Burke said.
The railroad is also beginning to reimburse a host of agencies and emergency response personnel for costs incurred because of the derailment.
Du Quoin City Clerk Rex Duncan said his city has bills amounting to $25,000 or more for police, fire, administrative and water department wages, phone bills and other expenses. He’s still awaiting some of the extensive long-distance telephone bills before he can issue a total.
Sheriff Keith Kellerman said his department has already received a payment of $22,593.83 from the railroad for gas, overtime and other expenses. Perry County engineer Doug Bishop said the highway department has been paid nearly $2,000 for expenses.