NEW YORK — Pennsylvania's Blackhawk School District has filed a lawsuit against Norfolk Southern alleging various causes of action including negligence in last month's train derailment in East Palestine, Ohio, and subsequent controlled release of toxic chemicals.
The lawsuit, filed Thursday, alleges that the derailment and burning of the contents of the rail cars"caused toxic, hazardous, and dangerous chemicals to be released onto and into the ground, into the air, and into the surface and subsurface waterways and groundwater."
The Blackhawk School District alleges that the toxic fires and intentional release of dangerous and toxic chemicals contaminated its lands and buildings. The district alleges that"toxic fires and deadly plumes dumped a lethal cocktail on its buildings, property soil and water supplies where deposits of the toxic materials have been found," the suit said.
The suit alleges that the train derailment occurred due to Norfolk Southern's breach of its duty of care by negligent and reckless acts and omissions. The district alleges that Norfolk Southern's breach of its duty of care caused medical and health issues for its students and staff; testing and monitoring the impact on its property and water sources; monetary expenses for cleanup of property and drinking water; and damage to the property.
The school district is asking for a trial by jury, compensatory and statutory damages, punitive damages, attorneys fees and relief including future medical monitoring, according to the suit. Earlier this month, Ohio sued Norfolk Southern over the train derailment alleging the railway operator violated various federal and state environmental laws and Ohio Common Law,"recklessly endangering" the health of residents and Ohio's natural resources, Ohio Attorney General Dave Yost said.
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