Prominent South Carolina Firms File Suit in SC Train Disaster
23 January 2005Motley Rice LLC and W. Mullins McLeod, Jr., today announced that they have filed a lawsuit seeking relief for persons with property damage resulting from the Graniteville train disaster. Named as defendants are railroad Norfolk Southern, the Union Tank Car Company which manufactured the tank cars carrying the chlorine in the deadly Graniteville train crash; the Olin Corporation which manufactured and shipped the deadly chlorine; and the Norfolk Southern employees, who allegedly failed to set the switch after they left their train on an active track. Motley Rice LLC has also been retained to handle a number of the personal injury and death cases as they relate to this catastrophe and those claims are being handled in separate lawsuits. "We believe this lawsuit will encourage the defendants to accept responsibility, and provide the property clean-up, replacement or payment as they are obligated to do under the law," explained founding member of Motley Rice, Ron Motley. According to Motley Rice founding member, Joe Rice, "Our community welcomed and trusted the railroad, but now our community is damaged and our citizens need immediate help in the clean-up and replacement of their property. This lawsuit seeks to help South Carolinians with property in South Carolina. We are hopeful that the named defendants will come forward quickly and help these innocent victims as they attempt to return to their homes." According to W. Mullins McLeod, Jr., this is precisely why the plaintiffs in the case are limited to state residents with property in the evacuation zone. "The railroad, the tank car company, and the manufacturer and shipper of the chlorine all have the obligation to ensure that in working in, and passing through, our community and state they do not harm our property," stated McLeod. The class action lawsuit seeks an immediate clean-up program for all afflicted persons with damage to their real or personal property. Buildings will need to be cleaned, painted, re-wired and inspected. Personal property will need to be cleaned, repaired or replaced. Destroyed goods such as food, clothing, electrical and electronic equipment and furniture will need to be replaced. "This community needs help now," said Rice. "Railroads are entrusted with vast access and right-of-way in our communities and our nation, but they have such rights only insofar as they comply with the regulations governing safe operations of both rail and hazardous materials transport," said Motley Rice member Mary Schiavo, former Inspector General of the U.S. Department of Transportation in Washington, D.C., which has oversight authority over the railroads. "Norfolk Southern and others failed to comply with those laws, regulations, and standards, and failed to put in place known and recommended practices which absolutely would have prevented this deadly crash."
Source: PR Newswire
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