10 February 2006
CP Rail Accident in North Dakota Shouldn't be "Lottery Ticket": Lawyer
Minneapolis Minnesota - A 2002 train derailment that spilled anhydrous ammonia near Minot,
N.D., shouldn't be "a lottery ticket" for some people, a lawyer for the Canadian railway argued Friday.
Canadian Pacific Railway has admitted fault in the derailment, lawyer Tim Thornton told a jury hearing the first lawsuits to go to trial
since the accident. "The railroad does not dispute that that night was a horrific night," Thornton said. "It should not
be a lottery ticket."
A lawyer for two plaintiffs argued his clients were victims of negligence and deserve substantial damages.
Thirty-one cars in the Canadian Pacific train went off the tracks in January 2002 on the city's western edge. Five tank
cars ruptured, releasing more than 835,000 litres of the ammonia, a common farm fertilizer.
One man was killed and hundreds of people reported injuries ranging from burns to breathing problems.
Jurors were asked to determine the amount of damages to be awarded to plaintiffs Melissa and Richard Allende, Jodi Schulz, and Jeanette
Klier.
In his closing argument, Thornton played up medical records he said showed some of the plaintiffs had medical conditions before the
train accident. And he listed sums the railway thought were reasonable for each plaintiff: $10,000 for Klier, and $50,000 each for
Schulz and Melissa Allende.
Of Richard Allende, Thornton said: "You have to judge for yourself."
He said Allende admitted lying about his injuries and had both asthma and attention-deficit disorder before the derailment.
"He wants to hit the jackpot," Thornton said.
Mike Miller, a lawyer for Klier and Schulz, asked the jury to award Schulz more than $1.24 million and Klier nearly $360,000, saying
they were "victims of the negligence of the Canadian Pacific railroad."
He displayed a range of medical devices and medications he said Schulz now requires to treat her respiratory problems.
"This is her life now," he said.
Jurors had the option of scaling back the size of damages if they thought the plaintiffs failed to take action that could have
prevented injury or damage. The jury was down to 11 members because one member became ill early in the case; at least 10 must agree on
damages.
The trial was held in Minneapolis, where Canadian Pacific Railway has its U.S. headquarters. The railway is based in Calgary.
The claims were among more than 100 filed against the railway. Six cases were settled out of court earlier, including a
wrongful-death lawsuit by the widow of John Grabinger, 38, who died while trying to escape the anhydrous ammonia
cloud.
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