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Ex-Canfield resident sues over derailment in East Palestine

LISBON — A former Canfield property owner became the latest to file a lawsuit against Norfolk Southern over the Feb. 3, 2023, train derailment and chemical incident, seeking more than $1 million in damages.

Howard Perlmuter and the Howard Ernest Perlmuter Family Trust, both of Pepper Pike, filed the complaint Thursday afternoon in Columbiana County Common Pleas Court.

Defendants named include Norfolk Southern Railway Company of Upper Arlington, Norfolk Southern Corporation of Atlanta, care of Equiniti Trust Company LLC, Brooklyn, N.Y. and Norfolk Southern Corporation, Atlanta, Ga., along with three John Does, names and addresses unknown.

According to the lawsuit, Perlmuter and the Howard Perlmuter Family Trust purchased a home and property at Gully Top Lane, Canfield on May 23, 2022 and proceeded to complete home renovations totaling $137,000. In October 2022, Perlmuter moved into the renovated home, then on Feb. 3, 2023, the Norfolk Southern train derailed in East Palestine.

The lawsuit document claims the plaintiff, Perlmuter, lived within a 20-mile radius of the derailment. He accused Norfolk Southern of negligence related to the derailment and release of noxious chemicals.

“Howard Perlmuter was forced to move from the house he had just moved into just three months prior to the train derailment due to the severe health risks incumbent with the toxic and poisonous air and water. As a result, the Howard Ernest Perlmuter Family Trust was forced to sell the property at a significant loss,” the lawsuit states.

According to the complaint, the property was listed for sale through a realtor and there were few prospective buyers willing to buy the property in the vicinity of the train derailment.

Eventually, Perlmuter “was forced to accept a lowball offer of $577,665 resulting in the loss of approximately $130,000,” the lawsuit states.

Starting at $2.99/week.

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