(The following article by Gregory Richards was posted on the Virginian-Pilot website on October 24.)
NORFOLK, Va. — Norfolk Southern Corp. has agreed in principle to settle a class-action lawsuit filed by those injured by a deadly chemical spill in Graniteville, S.C., in January 2005.
Nine people died and more than 554 residents were injured when a Norfolk Southern train derailed, piercing a tank car carrying chlorine gas. Clouds of the toxic chemical spread over the town, forcing the evacuation of about 5,400 people.
The Norfolk-based railroad said it was unable to disclose the settlement amount and the number of victims it will cover because the agreement hasn’t been finalized, spokeswoman Susan Terpay said. One of the lead plaintiff attorneys, Frederick C. Baker, did not return messages for comment.
Settlement documents are to be filed in early November in federal court in South Carolina, according to Norfolk Southern.
This is the latest legal battle stemming from the derailment that the company has resolved.
Last year, Norfolk Southern settled a class-action lawsuit with victims who suffered property damage. The railroad also has settled the cases of seven of the nine people who were killed, Terpay said.
Still unresolved is the lawsuit filed against Norfolk Southern by textile manufacturer Avondale Mills, whose plant was adjacent to the crash site. Avondale said the chlorine caused damages so great it had to shutter its factory, putting more than 1,600 people out of work.
Norfolk Southern recorded a $41 million charge last year for wreck-related expenses.