(The Du Quoin Evening Call published the following story by John H. Croessman on its website on August 8.)
DU QUOIN, Ill. — The clock is running for the Canadian National Railroad in responding to a class action lawsuit by 350 residents of Tamaroa following last February’s derailment of a freight train containing chemical cars.
Tammy Kellerman, who staffs the Tamaroa office for attorneys Bryant & Kautz of Marion and Metropolis, said the lawsuit was filed in late June and the railroad has 30 days to respond.
As of the morning, the law office has not received a copy of the railroad’s response.
The class action lawsuit represents 350 individuals and businesses in the community and was amended so that it could be argued in state court instead of federal court.
The lawsuit was filed in St. Clair County, one of the most liberal wrongful death and personal injury settlement counties in the state.
The lawsuit seeks actual and punitive damages for the 350 named in the class action.
Jack Burke, assistant vice-president of public affairs for the Canadian National Railroad said this morning he doesn’t know if the railroad’s response has been filed.
Burke was in Tamaroa through the duration of the disaster and much of the cleanup and oversaw much of the work to reach 800 settlements valued at nearly $1 million with residents and businesses of the town.
Everyone who received a check was asked to sign for the settlement, which is sure to be used in CN’s defense against the larger lawsuit.
“We will defend this case on behalf of not only the railroad, but on behalf of the people who found that our settlement was reasonable. He said the class action lawsuit being filed by Bryant & Kautz wasn’t filed in St. Clair County as a matter of convenience or accident.
Burke said all of the cleanup has been effected and the Illinois EPA in concert with the railroad continues to monitor the groundwater and air. He said the only physical work at the site left to be accomplished is some landscaping. Approximately 900 residents were evacuated from their homes following the February 9th derailment. Some residents were out of their homes for more than a week.