Train accident cases set to go to trial in ’07
Friday, June 30, 2006
The personal injury cases against Norfolk Southern, which allege that the
railroad company is responsible for extensive health problems in the
Graniteville community resulting from the deadly train derailment and chemical
spill in 2005, are slated to go to trial in June 2007.
U.S. District Judge Margaret Seymour confirmed the scheduling order Thursday
during a status hearing in federal court.
“The purpose (of the hearing) is to find out how discovery is progressing,”
Seymour told attorneys representing both sides of the issue.
Danny White, a partner with Gallivan, White and Boyd law firm who is
representing Norfolk Southern, addressed the issue of a possible 60-day
extension to allow more time for discovery, moving the current deadline from
Dec. 15, 2006, to Feb. 15, 2007.
White said the plaintiffs moved for an extension to give them more time to
locate at least 25 medical experts to evaluate the complaints regarding the
effects of the chlorine that was spilled.
“They allege that there are over 30 different symptoms (that Graniteville
residents are suffering from),” said White. “It is virtually a myriad.”
Among the symptoms White mentioned were pulmonary-related conditions, cardiac
arrhythmia, skin and eye irritation, bronchial spasms, gastro-intestinal
problems, depression, post traumatic stress and sexual dysfunction.
“They need to get multiple pulmonologists, which is an enormous task,” said
White.
When asked by Seymour if he felt the additional discovery period would
prolong the trial process, White responded “I do not think the extension would
impact the trial date.”
Seymour agreed to consider the extension when the deadline draws closer.
There are currently 35 personal injury cases in state court and 40 in federal
court.
While the anticipated trial date for the personal injury claims that were
filed before March of this year is June 2007, a date has yet to be determined
for the 23 pending new claims that were filed after March.
“We will likely submit an order to the court within the next 30 days,” said
Ron Wray, who is also representing Norfolk Southern.
Defense attorneys also asked for a 60-day extension for the discovery period
as it relates to the claim filed by Avondale Mills nine months ago.
Plaintiffs argued, however, that if the discovery period was going to be
extended, the trial date would also need to be extended and that would be yet
another delay in the process.
“As you can see, Avondale is ready to move forward,” said Plaintiff’s
Attorney Terry Richardson, a partner with Richardson, Patrick, Westbrook &
Brickman Law Firm.
Two wrongful death cases are also still pending: That of John Henry Laird Jr.
and Allen Frazier.
The other death cases, which include that of Steven Bagby, Tony DeLoach,
Rusty Rushton III, Christopher G. Seeling, Willie Charles Shealy, Joseph Lee
Stone and Willie Lee Tyler, have either been settled out of court or
resolved.
Attorneys would not elaborate on the amounts of the settlements.
“All settlements are confidential,” Wray said.
Contact Erin Brooks at ebrooks@aikenstandard.com
