13 February 2006
Jurors to Begin Deciding Derailment Case Damages
Minneapolis Minnesota - A 2002 train derailment that spilled a cloud of anhydrous ammonia near Minot,
North Dakota, shouldn't be "a lottery ticket" for some people, a railroad attorney argued Friday.
But attorneys for four plaintiffs suffering from dry eyes and respiratory problems say their clients were victims of negligence and
deserve substantial compensation for an accident that changed their lives.
Canadian Pacific Railway has admitted it was at fault for the derailment, and a jury of 11 men and women is now responsible for deciding
how much money each plaintiff should receive. Closing arguments in Hennepin County District Court centered on different interpretations
of medical records, as both sides argued for damages that they deemed would be fair.
"The railroad does not dispute that that night was a horrific night," said Tim Thornton, an attorney for the railroad.
"It should not be a lottery ticket."
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 almost 221,000 gallons of the ammonia, a common farm fertilizer.
One man was killed and hundreds of people reported injuries ranging from burns to breathing problems from the chemical cloud that hung
over the city.
On Monday, jurors will begin deciding damage awards for the first plaintiffs to take their cases to trial. The plaintiffs are Melissa
and Richard Allende, both 37; Jodi Schulz, 47; and Jeanette Klier, 51.
"As the railroad has now conceded, our clients were injured that night," said Dan O'Fallon, an attorney for the Allendes.
"They didn't ask for anhydrous ammonia to be dumped on them... to invade their home."
In his closing argument on Friday, Thornton played up medical records that he said showed some of the plaintiffs had medical conditions
before the train accident. He proposed damages that the railroad 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 to doctors about his
emotional distress and had asthma before the derailment.
"He wants to hit the jackpot," Thornton said, saying that a $10,000 award would be generous for him.
O'Fallon said Richard Allende is not seeking damages for his pre-existing asthma - which was exacerbated by the chemical
spill. He also said his client was painted as a liar only because he was reluctant to seek medical treatment, especially for emotional
problems.
"Mr. Allende was having problems but he didn't want to talk about the events of that night," O'Fallon said, adding his client
still wakes up virtually every night to check on his house and make sure it is OK.
"If he is trying to fake these injuries, he's doing a terrible job of it," O'Fallon said.
O'Fallon said Melissa Allende has suffered from asthma, dry eyes and post traumatic stress disorder and should receive more than
$705,000 in damages. O'Fallon suggested damages of more than $250,000 for Richard Allende, who suffers from dry eyes and has experienced
emotional distress since the derailment.
Mike Miller, an attorney 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 (Canadian Pacific Railway).
Klier has suffered from dry eyes since the derailment.
Schulz suffers from asthma and other respiratory problems. The defense had suggested that Schulz had such problems before, pointing to
medical records that indicate she was prescribed an inhaler in 1999 and had chronic sinus problems.
During his closing arguments, Miller said Schulz had only used that inhaler a few times in 1999. He showed the jury a range of medical
devices and asthma medications he said Schulz now requires to treat her respiratory problems.
"This is her life now," he said. "Clearly there was damage."
Jurors have the option of scaling back the size of damages if they think 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 railroad is based in Calgary, Alberta.
More than 100 claims were filed against the railroad. 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 toxic cloud.
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