AP This photo taken with a drone shows portions of a Norfolk Southern freight train that derailed in East Palestine still on fire at mid-day Feb. 4, 2023.

YOUNGSTOWN — The jury in the Norfolk Southern civil lawsuit has found Norfolk Southern fully responsible for the $600 million it agreed to pay the people harmed by the Feb. 3, 2024, East Palestine train derailment.

The jury found GATX, the company that provided the faulty rail car that caused the derailment, not responsible for any of the $600 million. And it found OxyVinyls, the company that provided the Vinyl Chloride in five rail cars that were vented and burned Feb. 6, 2024, not responsible for the $600 million.

The jury of eight returned its verdict late Wednesday after spending the day deliberating in U.S. District Court here. Judge Benita Y. Pearson presided over the more than three-week civil jury trial.

The trial was held to determine whether GATX and/or OxyVinyls should share in paying the $600 million Norfolk Southern agreed to pay the people harmed by the derailment and the vent and burn carried out on five Vinyl Chloride cars three days later.

In an emailed statement, Norfolk-Southern said, “For more than two years, Norfolk Southern has paid the costs related to the derailment while acknowledging and acting on our own responsibility for the accident. Our belief has always been that GATX shares in that responsibility and should also be held to account.

“While today’s verdict on our claims against GATX is disappointing, it does not affect our ongoing commitments in East Palestine.”

GATX issued these remarks following the verdict: “GATX is pleased with the trial outcome, which affirms what we have known for some time: Norfolk Southern alone is responsible for the derailment and resulting damage in East Palestine.

“This was a Norfolk Southern train, operated by Norfolk Southern employees, that ran on Norfolk Southern rails. It is Norfolk Southern alone that should be held accountable for its actions and financial commitments made in its settlement agreement.”

OxyVinyls reached a settlement last week with Norfolk Southern before the trial had concluded. Norfolk Southern and OxyVinyls issued a joint statement saying that the terms of the settlement are confidential.

Court records indicate that a witness, Peter Harnett, had started to testify but had not finished as of Thursday. His testimony was stricken from the record. “Because OxyVinyls is no longer a party in the case, its counsel, party representative, and trial team were excused from the courtroom,” according to court records.

Closing arguments from Norfolk Southern and GATX took place Tuesday. On some points, each side had widely differing positions on the same issues, such as whether the rail car with a failed wheel bearing started the derailment had been exposed to standing water in LaPorte, Texas in August of 2017, because of Hurricane Harvey.

Norfolk Southern argued that GATX failed in its obligation to alert rail lines like Norfolk Southern of the possibility that rail cars that were in LaPorte during the hurricane might have water-damaged wheel bearings.

Its attorney suggested that Car 32 N, which started the derailment, was stored in a low spot in the rail yard and intimated that as much as 48 inches of rain may have accumulated. He added, “Roller bearings hate water.”

But GATX’s attorney said Norfolk Southern had presented “no scientific evidence, no support for the idea that … Car 32 suffered any water damage” and further stated that the “whole purpose of a bearing seal is to keep out the elements” even if one does get exposed to moisture.

The verdict form used in the case asked several questions, such as whether Norfolk Southern had paid more than its proportionate share of the settlement, and the jurors said no.

In another section, the jurors indicated that Norfolk Southern was responsible for 100% of the settlement, GATX was responsible for none of it, and OxyVinyls was responsible for none of it.