ROCKCASTLE COUNTY, Ky. (LEX 18) — A lawsuit has been filed against railroad company CSX Transportation after the Rockcastle County train derailment that happened a week ago.
The incident happened in a remote area between Mullins Station and Livingston. At least 16 train cars operated by CSX derailed. According to CSX, two molten sulfur cars were breached and part of the spilled sulfur caught on fire. When molten sulfur burns, it's known to release sulfur dioxide, which is a toxic gas. Governor Andy Beshear declared a state of emergency as a result.
CSX later determined that a failed wheel bearing on one of the cars caused the wreckage.
In a lawsuit filed by Morgan & Morgan, they allege that the derailment was preventable had CSX placed the trackside detectors closer together, and more closely monitored the train's wheel bearings.
"Because of CSX's alleged recklessness and negligence in monitoring the train's wheel bearings, they've created a potentially deadly environment for all residents living in the surrounding area of Rockcastle County," said Morgan & Morgan attorney Jean Martin. "First responders to this catastrophe worked diligently for 24 hours to extinguish the fire, while putting themselves at risk of being exposed to potentially deadly chemicals and toxins. We will hold all those accountable for this disaster responsible for their negligence, and will secure justice for those whose lives and homes have been endangered."
The plaintiffs are seeking relief including, but not limited to, medical monitoring, injunctive and declaratory relief, punitive damages, damages related to emotional distress, loss of property value, and increased risks of future illness.
"CSX is reviewing the allegations in the lawsuit," CSX Transportation said in a statement to LEX 18. "We pride ourselves on being a safe railroad and in the rare occurrence of an incident like the one in Livingston, KY we respond quickly, prioritizing safety and supporting recovery of the community. We appreciate the partnership of the Rockcastle County first responders and the U.S. Environmental Protection Agency for their quick response, and the Red Cross and local businesses that worked with us as we provided food, lodging and expense reimbursement throughout our recovery efforts. CSX will continue to provide support recovery for the community."
