(The following article by Christi Mathis was posted on the Southern Illinoisian website on August 16.)
TAMAROA, Ill. — The lawsuit filed by hundreds of Tamaroa area residents against the Canadian National Railway/Illinois Central Railroad is back on schedule.
The 5th District Appellate Court entered an order Thursday that was received by the parties to the suit Monday denying the railroad’s petition to appeal the issue of certification. In other words, the court won’t hear the appeal filed by the railroad seeking to overturn the trial court’s certification as the case as a class action suit.
“Obviously we’re very pleased the appellate court didn’t feel there wasn’t any question about this being a class action,” said Attorney Joseph Leberman of the law firm Bryant & Kautz in Marion and Metropolis, the firm representing plaintiffs in the suit. “We’re glad we can move forward now without any delays.”
Leberman said this means the discovery process can continue and the plaintiffs will take depositions in September from railroad employees who were involved in track repair in the vicinity of the derailment before the accident and those who helped afterward with the cleanup and repairs as well as from witnesses.
“Our next step will be to ask the trial court to set a case management conference to discuss issues relating to notification of potential class members and other issues involved in moving the case forward as a class action,” Leberman said.
Judge Michael O’Malley of St. Clair County Court certified the lawsuit by about 500 Tamaroa area residents as a class action suit. The suit was originally filed in July 2003 by about 375 plaintiffs but more continue to join in, Leberman said.
O’Malley certified the class on the basis that the class was so numerous it would be impracticable to try each case separately, similarity of facts for each plaintiff’s action, the interests of the plaintiffs being best served as a group and on the basis the class is a “fair and efficient method” to adjudicate the controversy court documents state.
The suit was originally filed in federal court and the federal court already ruled against a defense motion to dismiss. The case was later filed in St. Clair County Court. Subsequently, O’Malley granted the railroad’s motion moving the case to Perry County although he remains the judge of record and all hearings prior to trial are being held in Belleville.
CN spokeswoman Karen Phillips did not return calls seeking comment Monday.
The suit was filed on behalf of Marvin and Roberta Smith, Pam Runnells, Mark Chaney, Teddie Maxton, Max Dearmon, Thomas Trigg, Cheryl Trigg, Klaudine Kwiatakowski, Larry and Shirley Galbraith individually and as representatives of members of the class against the Illinois Central Railroad Co., doing business as the Canadian National Railway/Illinois Central Railroad. The suit claims the railroad offered insufficient compensation for personal and property damages resulting from the train derailment and spill of “hazardous, toxic and carcinogenic” materials. Tamaroa area residents were evacuated from their homes for up to five days after the derailment.
The railroad offered payment for “reasonable” expenses for those displaced from their homes along with an inconvenience stipend of $50 per adult per day and $25 per child, up to $100 per family. About 1,000 Tamaroans accepted the settlement offer. Many are now plaintiffs in the suit.