12 October 2005
One Minot Derailment Suit Settled
Fargo North Dakota - One of the first lawsuits headed for trial after a deadly 2002 derailment
and chemical spill west of Minot has been settled, less than a week before a jury was to be chosen.
The claims filed by Henry and Linda Juntunen and their son, Joey, of Minot, against Canadian Pacific Railway were settled Tuesday
morning "on the proverbial courtroom steps," said Ron Barczak, a lawyer for the family.
The three filed separate claims that were considered together, Barczak said. The claims are among more than 100 filed against the
railway, three of which were scheduled for trial next week in Minneapolis. Court officials said the other two remain on schedule,
including a wrongful death suit on behalf of John Grabinger, 38, who died trying to escape the deadly vapour cloud after the derailment.
A spokesman for CP Rail declined comment Wednesday. Canadian Pacific has said it will not comment on the lawsuits as they move through
the courts.
The Juntunen family lived in the Minot neighbourhood that was enveloped by the cloud of anhydrous ammonia early on the morning of
18 Jan 2002. Joey was 17 or 18 at the time, Barczak said.
The Juntunens suffered breathing problems and other health problems from which they have not yet recovered, the lawyer said. Although
they still live in the Minot area, "they did not move back into the home that had been engulfed by this poisonous fog,"
Barczak said Wednesday.
"They are glad that they are done (with the court case), but they wish it would have never happened," he said.
Thirty-one of 112 cars derailed shortly after 1:30 a.m., and five tank cars carrying anhydrous ammonia ruptured,
releasing more than 830,000 litres of the toxic gas.
Individual lawsuits have been filed in state court in Minnesota, where the Calgary-based railway has its U.S. headquarters.
In a separate federal court action in North Dakota, Fargo lawyer Mike Miller represents nearly 1,000 people.
Barczak said his firm represents 68 people.
The railway has admitted liability in the first three lawsuits, but not in the other cases, Barczak said.
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