Norfolk Southern Lawsuits, Accident Reports Show Rail Tragedy a Common Hazard

The continuing cleanup of portions of a Norfolk Southern freight train that derailed on Feb. 3, in East Palestine, Ohio, on Feb. 9, 2023. (Gene J. Puskar/AP Photo)

Rail operator Norfolk Southern Railway Company faces multiple class-action lawsuits alleging negligence in the Feb. 3 train derailment in East Palestine, Ohio. But past lawsuits and accident reports from the National Transportation Safety Board (NTSB) show that Norfolk Southern doesn’t operate in a vacuum.

Unions, contractors, rail customers, and government regulations all have a hand in the operation of this massive system that transports vital—and often dangerous—goods across the nation. A look at completed investigations into past incidents provides a window into the rail industry and how things may play out in Ohio.

It will take time, possibly years, to understand the cause and costs of the East Palestine disaster that resulted in a fire, toxic chemical spill, and lingering environmental concerns. The NTSB is conducting a safety investigation to determine the probable cause of the derailment.

Track Troubles

Norfolk Southern describes itself as a national transportation company that operates on approximately 19,500 miles of track in 22 states and the District of Columbia. It often hires contractors to maintain the tracks.

Currently, Norfolk Southern is the plaintiff in a case against track maintenance contractor RailWorks in connection with two derailments.

The first incident in this case happened on Jan. 6, 2019, near Bartow in Jefferson County, Georgia. In this case, 39 of the train’s 103 freight cars derailed. Among the derailed were several cars carrying various hazardous materials, including four that leaked, according to court documents. One freight car released approximately 17,000 gallons of hydrochloric acid, and one car released approximately 15,000 gallons of hydrogen peroxide.

Some residents near the derailment were evacuated, while others were required to shelter in place.

The event cost Norfolk Southern more than $13.3 million, court documents say.

The second incident happened on May 6, 2019, near Woodville, Alabama, when 26 of a train’s 130 freight cars derailed. These 26 cars were carrying coal, which spilled onto Norfolk Southern’s track and on neighboring privately owned properties. The cost of cleaning up the coal and repairing the track was $2.95 million.

The derailments were caused by compromised tracks from broken or failed welding due to RailWorks’ negligence, Norfolk Southern claims in court papers in this ongoing case.

RailWorks didn’t respond to a request from The Epoch Times for comment.

Other Derailments

The track was also a problem in a July 11, 2012, derailment in Columbus, Ohio, according to an NTSB report.

In this case, 17 cars of an eastbound Norfolk Southern train derailed. The train had two head-end locomotives, 97 loaded freight cars, and one empty freight car. There were no crew injuries, but one citizen sustained minor burn injuries. Approximately 100 people were evacuated within a mile of the derailment. Three derailed cars contained denatured ethanol, which fueled a fire. The derailment destroyed both main tracks. The railroad estimated the damage at $1.2 million.

An NTSB report of the 2012 derailment found that the tracks had oxidized internal cracks that fractured during the derailment.

“We diligently monitor our trains and infrastructure to identify potential hazards, and we invest approximately a billion dollars into maintaining our infrastructure annually,” a Norfolk Southern spokeswoman told The Epoch Times in an email.

“We have developed a number of leading technologies that greatly improve our network safety, including an industry-first locomotive-mounted autonomous track geometry system. At the same time, we have ramped investment in conductor onboarding and training to ensure we are building a team that safely delivers for our customers.”

Human Error

A hazardous materials release caused nine deaths in a Jan. 6, 2005, train derailment in Graniteville, South Carolina. A Norfolk Southern freight train struck an unoccupied, parked train and derailed after encountering an open switch. According to an NTSB report, the train crew from the parked train failed to reline the switch for mainline operations.

The Norfolk Southern train was northbound on a non-signaled track traveling 49 miles per hour when it struck the train at rest, derailing two locomotives and the first 14 cars of the moving train. Among the derailed cars were three cars of chlorine and one car of sodium hydroxide. A significant amount of chlorine leaked, prompting an evacuation of about 5,400 people, the NTSB report said.

A chlorine tanker car, part of a Norfolk Southern freight train, rolls through Luray, Virginia, on Feb. 18, 2012. (Karen Bleier/AFP/Getty Images)

The train engineer and eight other people died from the chlorine exposure, and 72 were hospitalized.

The 15-year anniversary of the derailment was noted in numerous 2019 news articles, all of which said the town still feels the effect, with some people reporting problems with their lungs.

Constantly in Court

Derailments causing the release of hazardous materials capture headlines, but Norfolk Southern is also involved in many court cases, often as a plaintiff.

The company is often in court to collect overdue freight charges that are owed to the railroad when other companies use its rail. It has legal disputes with its labor unions, and the company has several disputes with insurance companies that Norfolk Southern says should pay for claims it has made.

For example, the company is in court with Indian Harbor Insurance Company to cover Norfolk Southern’s defense in a wrongful death case brought by Donald Butts, the husband of Nancy Butts, a pedestrian who died as a result of an April 22, 2021, Georgia train crossing accident. Norfolk Southern says in court papers that it has liability insurance of $25 million per occurrence through Indian Harbor, but the insurance company hadn’t responded to Norfolk Southern’s notice of the accident.

East Palestine Response

Over the weekend, Norfolk Southern launched NSMakingItRight.com as a resource for members of the East Palestine community and the general public.

The company said 15,000 tons of contaminated soil and 1.1 million gallons of contaminated water have been collected from the derailment site.

The company has promised East Palestine more than $5.6 million to date, with more to come. That includes $3.4 million in direct financial assistance to families, $1 million to a community assistance fund, a $1 million budget for the new community liaison, and $220,000 in reimbursement to fund new equipment for first responders.