'We can't make it go back to the way it was.' East Palestine wrestles with derailment

EAST PALESTINE – Russell and Linda Murphy wish for their lives back, the ones before Feb. 3, 2023.

The ones before the fiery train wreck, the chemical release and the health scares.

"We can't make it Feb. 2. We can't make it go back to the way it was," said 50-year-old Linda Murphy. "I wish it never happened."

The Murphys are part of a class-action lawsuit against Norfolk Southern over the 2023 train derailment in East Palestine. The crash temporarily uprooted many people from their homes and businesses, led to a major environmental cleanup, sparked worries about the long-term health effects and triggered numerous lawsuits by residents and businesses that were later consolidated into the class-action suit.

A year later, the lead attorneys representing the victims said they are in the final stages of preparing a "clear and convincing case" for trial.

No date has been set for a trial.

A Norfolk Southern representative said the company — which has estimated total costs related to the derailment will top $1.1 billion — would not comment on pending litigation.

Here's where the class-action lawsuit stands on the one-year anniversary

Around 8:55 p.m. Feb. 3, 2023, a Norfolk Southern freight train carrying hazardous materials to Conway, Pennsylvania, derailed and caught fire. It happened in East Palestine, a village of nearly 4,700 people, in Columbiana County near Ohio-Pennsylvania border.

Five of the train cars had a toxic and flammable gas called vinyl chloride — used in plastic products — that can cause certain cancers. To prevent an explosion, people were evacuated and a controlled release of gas was conducted Feb. 6.

The first lawsuit was filed Feb. 7.

By April, there were at least 31 federal claims against the rail company and U.S. District Court Judge Benita Pearson in Youngstown consolidated them into a single class-action lawsuit, H. Feezle et al. v. Norfolk Southern Railway Co. et al.

The lead attorneys for the victims are Seth A. Katz of Burg Simpson Eldredge Hersh & Jardine, P.C.; M. Elizabeth Graham of Grant & Eisenhofer; Jayne Conroy of Simmons Hanly Conroy; and T. Michael Morgan of Morgan & Morgan.

They have claimed Norfolk Southern put profits over safety by cutting back on inspections and safety-related personnel. They also alleged the company failed to monitor overheated wheel-bearing assemblies, including those on the East Palestine train.

“Pre-trial discovery has been a massive, intensive undertaking that is nearly completed," the attorneys said in a statement. "We believe the evidence uncovered through this process unequivocally supports our claims against the defendants allegedly responsible for the February 3, 2023 Norfolk Southern toxic train derailment and subsequent horrific environmental disaster.”

Katz, Graham, Conroy and Morgan added: “On behalf of all those impacted, we look forward to presenting at trial this year an overwhelmingly clear and convincing case, which alleges this incident was wholly preventable and that those responsible must be held accountable to the fullest extent of the law.”

The class-action lawsuit does not include separate lawsuits filed by the federal and state governments. Those also remain unresolved.

Another lawsuit involving shareholders, the Bucks County Employees Retirement System, was moved in September from the Southern District Court of Ohio to Northern District Court of Georgia. It also remains unresolved.

"They're Goliath," Linda Murphy said. "We're collateral damage. We are nobody."

Linda Murphy: 'I wish it never happened. That's what I want.'

Before the disaster, life for the Murphys had been like anyone else's.

They worked. They paid bills. They maintained a home. Their daughter commuted home to college. They grieved. Linda Murphy lost her mother in June 2022, and she spent her first holidays without mom.

"That was difficult," she said. "We were very close."

Through it all, the Murphys still had their place of serenity, 32 acres of property in Middleton Township, less than three miles from East Palestine. That's where they raised their daughter, owned horses and enjoyed life. They even started to build a barn before the derailment. All work on it has stopped.

"I was able to hunt on the property," Russell Murphy said.

The train wreck ruined it, they said, contending they still smell strange odors on their land occasionally. Leslie Run Creek, which has been a source of concern for possible contamination after the chemical release, runs near their home.

"We went down to give the horses a treat on Christmas Day, and boom, there was the odor," Russell Murphy said.

The couple also has health issues, now, that they attribute to the chemical release.

Both have tested positive for vinyl chloride, and there's no treatment for it, they said. They also have muscle spasms and joint pains, bowel issues and occasional sore or numbness in their mouths. Linda Murphy said sometimes it's hard to walk.

"This was more than a sanctuary. This is a little preserve of our sanity. We didn't have to go to a park to get it. We had it right here," Linda Murphy said. "They took it from us."

The Murphys said they've considered moving from the area, leaving behind their property, but they don't want to leave.

"We don't know what this is going to do to us internally," Linda Murphy said. "We don't know our level of exposure. There's just so many unknowns. Do you torture yourself or do you just live life every day, the best you can?

"I wish it never happened. That's what I want. But I can't have that any sooner than I can have them wave a magic wand and make it all be gone."

Norfolk Southern filed its own claims over the derailment

In August, Norfolk Southern brought claims against multiple companies, who owned rail cars on the train, and added them into all the lawsuits, including the class-action and the government ones, as third-party defendants.

Decline: Norfolk Southern's 4th-quarter profit falls 33% as Ohio derailment costs continue to grow

Named were Oxy Vinyls, General American Marks Co., Trinity Industries Leasing Co., Dow Chemicals, SMBC Rail Services and Union Tank Car Co. Oxy Vinyls was the company that had the vinyl chloride, court documents showed.

"Norfolk Southern did not manufacture, load, or own the vinyl chloride and other chemicals that Train 32N was carrying on February 3, 2023, nor did it manufacture, lease, or own the railcars that contained the vinyl chloride and other chemicals," the rail company said in court documents.

Reach Benjamin Duer at 330-580-8567 or ben.duer@cantonrep.com. On X (formerly Twitter): @bduerREP

This article originally appeared on The Repository: East Palestine: Law firms ready for trial against Norfolk Southern