8 January 2006
Derailment Suits Are Still in Court
Fargo North Dakota - Lawsuits stemming from a deadly derailment west of Minot four years ago
are continuing in state and federal courts in Minnesota and North Dakota.
"It's amazing how long this has gone on," said Fargo lawyer Mike Miller, who represents two people suing the Canadian Pacific
Railway in a trial scheduled 16 Jan 2006 in Minneapolis.
"You talk to a lot of people (in Minot), and they still have tears, thinking back to that night," he said.
Thirty-one of 112 rail cars derailed west of Minot early on the morning of 18 Jan 2002, and five tank cars
carrying anhydrous ammonia ruptured, sending a toxic cloud over the area.
One person died trying to escape the cloud, and hundreds of others said they suffered burns, breathing problems or property damage. The
National Transportation Safety Board said 11,600 people lived in the area affected by the vapor plume.
About 450 lawsuits filed in Minnesota state court and North Dakota are pending against Canadian Pacific. Lawsuits filed in Minneapolis,
home of the railroad's U.S. operations, have been grouped together to help them move through the courts. Miller represents nearly 1,000
people in a separate class action case in North Dakota.
Canadian Pacific Railway lawyer Tim Thornton said Friday he is weighing each case. Three cases, including a wrongful death lawsuit, were
settled before trial in October. The railroad company has admitted liability in a second round of lawsuits scheduled for trial this
month.
Judge Tony Leung is scheduled to preside over the 16 Jan 2006 trial in Minneapolis, in which jurors will be asked to
determine the amount of damages for plaintiffs in five lawsuits.
Minot lawyer Mark Larson said a sixth case was settled on Thursday. He also said he filed nearly 60 new lawsuits in Minneapolis last
week for about 85 plaintiffs clients injured after the derailment. Another wrongful death lawsuit is pending in North Dakota.
Last fall, Judge Leung dismissed tank car manufacturers as defendants in the lawsuits, determining the companies were protected under
federal law. His signed order was filed with the court 29 Dec 2005.
The National Transportation Safety Board, which spent more than two years investigating the wreck, said inadequate track maintenance
and inspections were to blame, a finding the railroad disputed.
In July, Congress ordered the Federal Railroad Administration to set tougher standards for railroad tank cars. Those standards are to
take effect in 2008. The Federal Railroad Administration also called for more detailed track inspections.
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