(The following story by Tracey Read appeared on the News-Herald website on October 16.)
PAINESVILLE, Ohio — A Painesville man has filed a class-action lawsuit on behalf of more than 200 residents who were displaced from their homes and businesses when a train derailed in that city Wednesday.
Forestbrook Lane resident Jonathan Hirsch is suing Jacksonville, Fla.-based CSX Transportation Inc. in Lake County Common Pleas Court on behalf of himself and other persons, firms and entities who owned or rented property within the evacuation zone of Wednesday’s derailment.
Attorney Patrick Perotti of the Painesville-based Dworken & Bernstein firm said Hirsch – who could not immediately be reached for comment – was exposed to the smoke and fumes after being evacuated and required medical attention.
Other evacuees suffered physical and/or mental damages, as well as various inconveniences to their lives due to CSX’s negligence, according to the lawsuit.
“Local residents were put out of their homes, and a lot of them don’t automatically have someplace to stay, so they have to get a hotel,” Perotti said. “It’s very disruptive. When this happens, you can’t plan. You may not have a clean shirt to go to work. You have to go out to eat because you can’t get to your fridge. We want to make sure the railroad reimburses them for all these costs.”
Perotti also noted that some of the cars were carrying poisonous chemicals or gases, and the crash caused fires that continued to burn for days.
“This wasn’t like a brush fire. This stuff was very dangerous,” he added.
Lastly, businesses in the area had serious disruptions due to the streets being closed and utilities being shut off, Perotti said.
Hirsch is asking Judge Eugene A. Lucci to have a home inspector of the evacuees’ choice inspect the homes and soil to make sure the properties are safe to live in again, and to accurately estimate the full amount of property damage to their homes and other belongings.
He also is seeking immediate medical monitoring for residents, as well as full compensation of: property values, all out-of-pocket losses, personal injury, pain, discomfort, inconvenience and the loss of any pets.
In addition to a jury trial, Hirsch also wants CSX to pay all of the evacuees’ accountant, auditor and attorney fees.
Perotti vowed to put the money he and his fellow lawyers earn from the case back into the community.
“We’re the largest firm in Lake County, and we care about the community,”
Perotti said. “We plan to donate all or part of any attorney fees we get from this to charity.”
CSX spokesman Gary Sease said company officials were still reviewing the lawsuit to determine their next step.
“We know we caused a significant disruption to the community,” Sease said. “We’re just glad things are getting back to normal.”