Case Report: Train derails carrying toxic gas
(Excerpts taken with permission from Minnesota Trial Lawyers Association's (MTLA) "Minnesota Case Reports")
Trial beginning January 24, 2006 on behalf of 4 victims, including Melissa and Richard Allende, who were injured when a Soo Line/Canadian Pacific train derailed on Soo Line owned track in Minot, North Dakota in the early morning hours of January 18, 2002. The derailment caused the rupture of several tank cars carrying anhydrous ammonia, resulting in the release of over 200,000 gallons of toxic gas, which formed a cloud of anhydrous ammonia that blanketed the town.
Melissa Allende’s injuries included RADS, dry eye syndrome and post traumatic stress disorder/emotional distress. Richard Allende suffered aggravation of pre-existing asthma, dry eyes and emotional distress. The railroad admitted liability before trial. The jury had to determine the injuries caused by the anhydrous ammonia, if any, and the value of the resulting damages. The railroad vigorously contested both issues, but on February 15, 2006, the jury returned a verdict of approximately $1.86 million in favor of plaintiffs. Following the verdict, the plaintiffs moved for costs, and both the railroad and the plaintiffs moved for a new trial to preserve all issues for the railroad’s anticipated appeal.
Both of these motions were pending before the trial court on May 16, 2006 when the Eighth Circuit Court of Appeals issued its decision in Lundeen, et al. v. Canadian Pac. Railway Co., et al., No. 05-1918, finding, in a very limited holding, complete preemption of the negligent inspection claims asserted in those cases. Within hours of the Lundeen decision, the railroad again removed the Allende case, and all other unresolved Minot train derailment cases, to the United States District Court for the District of Minnesota based, once again, on complete preemption even though the negligent inspection claims had already been dismissed by Judge Leung pursuant to the railroad’s motion. A motion to remand is pending.
Verdict: | $628,933 |
| Case Name: | Allende v. Soo Line Railroad |
| Date: | July, 2006 |
| Attorney: | Daniel A. O'Fallon
Wendy J. Zeller |
Related Links