Railroad Employees Recover $ 18.5 Million Settlement In Kentucky State FELA And Negligence Action For Injuries Sustained In Explosive Fire During Derailment Clean-Up Efforts
On Oct. 29, 2012, a multi-car tanker train derailed near Louisville, in Jefferson County, Kentucky. CSX Transportation, Inc. owned the train, and Paducah & Louisville Railway, Inc. (P&L) owned the railroad tracks. CSX and P&L hired R.J. Corman Railroad Group to assist in the derailment cleanup. Because some of the tanker cars contained toxic chemicals like butadiene, the Center for Toxicology and Environmental Health (CTEH) was brought in by CSX and P&L to monitor the area and atmosphere in and around the derailment for the presence of toxic, explosive, and hazardous gases and chemicals. To do that, CTEH's employees used equipment designed and manufactured by RAE Systems, Inc.
On Oct. 31, 2012, a railroad employee instructed R.J. Corman employees Leonard Anthony Carrillo and Gregory Powers to cut a train knuckle coupler with an acetylene torch. A CTEH employee had reportedly tested the area and declared it safe. But the soil at the cutting site had not been tested for flammable chemicals. Within seconds of lighting the torch, a flashfire engulfed Carrillo and Powers, causing them to suffer severe injuries.
Powers was rushed to the University of Louisville Hospital and put into a drug induced coma for 17 days. He had suffered second and third degree burns over 70% of his body, as well as inhalation injuries to his throat and lungs. He required subsequent surgery, as well as extensive physical therapy and work hardening. His medical bills exceeded $ 750,000.00. Carrillo suffered first and third degree burns over 40% of his body, including his arms, torso, and back. He was airlifted to University of Louisville Hospital, where he underwent multiple debridements and skin grafts, including three on his right arm, and subsequent surgeries. His medicals bills exceeded $ 602,000.00.
On Oct. 18, 2013, Carrillo and Powers filed an action against defendant, CSX, CTEH, P&L, Four Rivers Transportation, Inc., and RAE, in the Kentucky Circuit Court for Jefferson County. They asserted claims for common law negligence and violations of the Federal Employers' Liability Act, 45 U.S.C.S. Section 51 et seq. The action was assigned to Judge Susan Schultz Gibson.
Although CSX removed the action to the U.S. District Court for the Western District of Kentucky on Oct. 21, 2013, the action was remanded back to the circuit court on May 27, 2014. By the autumn of 2016, only CSx, CTEH, and P&L remained as defendants in the action. The parties worked toward settlement of the action, and on Dec. 12, 2016, the action was reported as settled, with a total payout to plaintiffs of $ 18,500,000.00.
Plaintiffs were represented by Robert A. Clifford, Kevin P. Durkin, and Colin H. Dunn of Clifford Law Offices, P.C. in Chicago, IL; Brad Badgley of Brad L. Badgley P.C. in Belleville, IL; and Tad Thomas and Lindsay Carden of Thomas Law Offices in Louisville, KY. Defendants were represented by Edward H. Stopher and Rodney D. Payne of Boehl Stopher & Graves, LLP in Louisville, KY; Michael K. Murphy and Thomas H. Dupree of Gibson, Dunn & Crutcher, LLP in Washington, DC; Christopher E. Shaefer, Douglas C. Ballentine, and Samuel D. Hinkle of Stoll Keenan Ogden, PLLC in Louisville, KY; and Jonathan Freed and L. Miller Grumley of Bradley, Freed, and Grumley, PSC in Paducah, KY.
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