FRA Certification Helpline: (216) 694-0240

(The Democrat and Chronicle posted the following article by Rick Armon on its website on July 10.)

ROCHESTER, N.Y. — A Rochester man who watched his house and boat be destroyed by a runaway train in December 2001 says he now suffers from post-traumatic stress disorder, and he is suing CSX Transportation for $1.55 million for mental anguish and property damage.

William R. Danis, who was in his house on River Street at the time of the crash, escaped from his residence but then watched as fire immolated his house, boat and all his belongings, the suit says.

CSX has paid $200,000 already in a partial settlement, and a separate payment was made for the boat. However, the company needs to pay him $550,000 more for the full value of his property, says the suit filed last week in state Supreme Court in Monroe County.

“They refuse to even review the damage claim,” said Danis’ attorney, James V. Philippone. “They just said, `We’re not paying any more and that’s it.”

CSX has paid some medical expenses, but Danis is entitled to $1 million for “severe psychic injury and mental anguish, ” the suit says.

“He is still under doctor’s care,” Philippone said. ‘He has been under doctor’s care since the time of the accident. The emotional damage that was done was substantial. ”

The company could not be immediately reached for comment.

The runaway train crashed along River Street in Charlotte on Dec. 23, 2001, and diesel fuel, acetone and methylene chloride spilled. Besides Danis’ property, marina buildings and other boats also were destroyed.

CSX has publicly taken responsibility, blaming a worker who failed to properly set the train’s brakes.

Danis, who is now living in a rented apartment, plans to rebuild his house along the Genesee River after the chemical cleanup has been completed and the area is declared safe, Philippone said.