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Derailment lawsuits transferred to federal court

LISBON — Several lawsuits filed in Columbiana County Common Pleas Court this year against Norfolk Southern over the 2023 train derailment and chemical release are being transferred to federal court.

The move to U.S. District Court in Youngstown was requested by Norfolk Southern, which was named the defendant in the lawsuit filed in January and February before the two-year deadline from the date of the accident to file claims for personal injury or property damage.

Plaintiffs who filed the lawsuits included: Kelly Likovich and her husband Terry Berresford, both of New Galilee, Pa., who own the still closed State Line Tavern on East Taggart Street in East Palestine, along with a rental property, and requested $5 million plus in damages; Howard Perlmuter and the Howard Ernest Perlmuter Family Trust, both of Pepper Pike, who owned a property in Canfield and sought $1 million related to alleged damages to the property and negligence related to the release of chemicals; four entities of Allstate seeking damages in excess of $295,000, along with costs and attorney fees, as reimbursement for what was paid to insureds to replace or repair damaged or destroyed property in East Palestine; Anna Marsick, a resident of Cuyahoga County, who was working as a television reporter for WKBN and covered the incident in East Palestine within hours of it happening and for several months after close to the derailment site and resulting toxic spill, seeking damages in excess of $1 million, along with punitive damages, attorney fees and costs for personal injuries from exposure to the toxic fumes; and California Casualty Indemnity Exchange, Bloomfield Hills, Michigan, seeking reimbursement for money paid out to the owner of a property on West Grant Street in East Palestine for alleged damages caused by the derailment.

Most of the lawsuits filed previously in Common Pleas Court over the train derailment in past years have been moved to federal court, all at the request of Norfolk Southern.

Likovich and Berresford were forced to evacuate and close down the State Line Tavern and lost their rental income from the rental home, then the defendants took over their business property, parking trucks there and shutting down the road for an extended period of time

The lawsuit they filed said the train derailment resulted in a noxious, poisonous and improper release of vinyl chloride into the area and approximately within 300 yards of the State Line Tavern, a business the couple had operated for 33 years at 51962 E. Taggart St., East Palestine, featuring food, beverage and clothing for sale. They also owned a rental property at 51976 E. Taggart St., East Palestine, which they used for monthly income.

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. He claimed he was forced to move from the home due to the health risks and put it up for sale, also claiming he “was forced to accept a lowball offer of $577,665 resulting in the loss of approximately $130,000.”

The Allstate claim accused the railroad of negligence, nuisance and trespass, damaging the properties of the insureds.

The Marsick lawsuit made claims of negligence and liability and said she was “exposed to dangerous and / or deadly fumes, toxins, and particulate matter in the air and water and required medical care from illness caused therefrom ….”

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