(The following story by Tracey Read appeared on the News-Herald website on October 15, 2009.)
CLEVELAND — A Concord Township firefighter is the latest person to sue CSX Corp. in connection with a Painesville train derailment.
Firefighter Robert Bambrick filed a lawsuit Thursday in Lake County Common Pleas Court claiming he was permanently injured as a result of the Jacksonville, Fla.-based company’s misconduct.
After 112 CSX train cars derailed Oct. 10, 2007, near Heisley Road and Route 2, hazardous substances leaked out, forcing the evacuation of more than 1,300 Mentor and Painesville residents.
Once the fire was out, CSX took possession of hoses and other equipment used by the Concord Township Fire Department and promised to clean, decontaminate and/or replace equipment that was unsafe, damaged or worn.
According to the suit filed by attorneys Mark and Robert DiCello:
Five days after the incident, CSX returned equipment it determined was safe for further use by firefighters.
On Oct. 19, 2007, Bambrick attempted to use a fire hose that was returned by CSX after the derailment fire.
While using the equipment, Bambrick suffered a fracture to his right fibula.
The attorneys are claiming the injury was caused by CSX failing to properly test and/or discard overused and excessively worn equipment.
Bambrick — who stated he has suffered severe physical and emotional distress from the incident — is suing for more than $50,000 in damages plus attorneys’ fees.
CSX spokesman Bob Sullivan declined comment.
Two class-action lawsuits involving the derailment are pending in federal court.
Forestbrook Lane residents Christopher Mann and Jeanne Myers are claiming CSX should be held liable for more than $5 million for property damage, personal injury, health scares and loss of income. A similar suit was filed by evacuee Jonathan Hirsch.
In Lake County Common Pleas Court, officials of Atlas Cinemas in Mentor filed a $5.5 million suit against the railroad in 2008, claiming CSX forced it to house hazardous waste cleanup equipment at the movie theater’s Diamond Center Drive location without its permission.