(The Associated Press circulated the following article on February 9.)
MINNEAPOLIS — Lawsuits stemming from a 2002 derailment that send a cloud of anhydrous ammonia over Minot are headed for a jury.
The cases of Minot residents Melissa and Richard Allende, Jodi Schulz, and Jeanette Klier are the first to go to trial in Minneapolis, where Canadian Pacific Railway has its U.S. headquarters.
Testimony in the case wrapped up Wednesday before Judge Tony Leung, who gave jurors a day to rest before closing arguments Friday.
The Minot residents are seeking damages for health problems stemming from the Jan. 18, 2002 wreck, in which 31 of 112 rail cars went off the tracks on the west edge of Minot.
Five tank cars carrying anhydrous ammonia ruptured. The chemical is a common farm fertilizer.
One man was killed trying to escape the fumes, and hundreds were treated for burns or breathing problems.
The railroad has admitted liability in the trial cases. Jurors are considering the amount of damages.
Dr. Samuel Hall testified for the railroad Wednesday that the ammonia levels in the homes of the plaintiffs was enough to cause irritation, but not long-term physical injury. Lawyers for the Minot residents said Hall’s testimony was at odds with other doctors who treated the plaintiffs.
Leung ruled Wednesday that the plaintiffs had proved they suffered fear and emotional distress from the spill, and he instructed jurors to consider that when deciding any damage awards.
Six lawsuits against the Canadian Pacific have been settled out of court. More than 100 cases are pending.