The company that owns the car that caused the devastating derailment of the East Palestinian train in 2023 will not have to help pay the $ 600 million agreement, Norfolk Southern agreed with the residents.
A jury of Ohio decided on Wednesday that GATX is not responsible for the settlement despite the fact that the failure of a bearing in his car that transported plastic pellets caused the accumulation on February 3, 2023. GATX has kept Norfolk Southern operated and inspected the train and all cars and was responsible for delivering the load safely.
“Gatx is satisfied with the result of the trial, which affirms what we have known for some time: Norfolk Southern is only responsible for derailment and the resulting damage in eastern Palestine,” said the company in a statement.
Norfolk Southern described the disappointing verdict, but said it will not affect railroad commitments with all those affected by derailment.
“For more than two years, Norfolk Southern has paid the costs related to derailment while recognizing and acting according to our own responsibility for the accident. Our belief has always been that other companies, such as GATX, who share that responsibility must also take into account,” said the railroad in a statement.
After the train derailed in eastern Palestine, a variety of chemicals spilled and caught fire. Then, three days later, officials opened five tank cars Full of vinyl chloride because they feared that these cars could explode, generating a huge black plume of smoke that spread over the area and forcing evacuations.
Norfolk Southern lost a similar demand Last year, when he tried to force Gatx and Oxivinilos, which made vinyl chloride, help pay for environmental cleaning after the derailment that has cost the railroad based in Atlanta more than $ 1 billion. It was done Similar arguments In this trial.
These demands have no effect on how much money the residents or the people of East Palestine will receive from their settlements with the railroad. These cases only affect which company the check writes.
Last week, Oxivinils agreed settlement With Norfolk Southern in this demand on the collective action agreement after the railroad lawyers raised questions about the inconsistent information that the chemical company provided about whether it was necessary to perform the ventilation and burning operation and release the vinyl chloride. The details of that agreement were not released.
The National Transport Security Board confirmed in its investigation that the ventilation and burning operation was unnecessary Because tank cars were starting to cool off and the railroad Could not be heard For the Council of Oxyvinyls experts or share their opinions with the officials who made the decision.
The railroad said Gatx should have done more to take care of his car, particularly after he was surrounded by flood waters, which could have damaged his bearings.
But Gatx said he met all relevant regulations to take care of his wagons. The company said that even if the car was damaged six years before being parked in the middle of the floods of Hurricane Harvey, the railroad should have seen the problem and repaired, sending Gatx the invoice for repairs.
The National Transportation Board said the accident was caused for the failure of a overheating bearing in the Gatx car. Railroad sensors saw the bearing starting to heat up in the miles before derailment, but did not reach a critical temperature and activated an alarm until just before derailment. That left the crew for a little time to stop the train.
