Many railcar spill claims unresolved – attorney

10 October 2007 21:06  [Source: ICIS news]

HOUSTON (ICIS news)--Hundreds of individual personal injury claims stemming from a anhydrous ammonia chemical railcar spill in North Dakota remain unresolved despite a $7m (€5m) class action settlement, an attorney said on Wednesday.

Gordon Rudd, an attorney who represents the plaintiffs in the class action settlement, told ICIS news that there were more than 300 unresolved personal injury claims stemming from the deadly 2002 derailment and chemical spill in Minot, North Dakota.

US District Judge Daniel Hovland gave final approval to the class action settlement on Tuesday. He said the approval resolved five years of contentious litigation between the plaintiffs and the Canadian Pacific Railway.

Rudd said one source of contention arose when a state court sought to dismiss the case, on the grounds that a US federal railroad safety law pre-empted the claims and that the plaintiffs had no legal remedy.

Language in a homeland security measure that was passed this summer by Congress clarified that the federal transportation safety law did not pre-empt the claims, Rudd said.

($1.00 = €0.71)

By: Brian Ford
+1 713 525 2653

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