Judges Step Down from Derailment Lawsuit

Both judges at the Columbiana County Common Pleas Court decided to recuse themselves from presiding over a lawsuit involving over 800 parties. These parties are claiming wrongful death, nuisance, and negligence due to the East Palestine train derailment and subsequent chemical fire. The lawsuit was initially handled by Common Pleas Court Judge Scott Washam, who then recused himself. Following this, Common Pleas Court Judge Megan Bickerton also recused herself. Judge Bickerton, in her capacity as an administrative judge, has requested the Ohio Supreme Court to appoint a visiting judge to oversee the case.

Initially, the lawsuit consisted of two separate cases filed in Franklin County. However, they were later combined and moved to Columbiana County after a defendant requested a change of venue, citing the location where the event occurred. The lawsuit has attracted a large number of plaintiffs from various areas. These include residents who did not participate in a significant class-action lawsuit that was filed and resolved in federal court. There are also residents who did partake in the class action, with addresses spanning East Palestine, Negley, New Waterford, Salineville, Rogers, Salem, Columbiana, Leetonia, Petersburg, Boardman, East Liverpool, as well as communities in Pennsylvania like Enon Valley, Rochester, New Galilee, Beaver Falls, and Bessemer, and even an address from Elgin, Texas.

On the defendant side, there is a list of 52 entities, with Norfolk Southern leading the group. The defendants also include chemical companies, environmental cleanup firms, waste management companies, health organizations such as Mercy Health and Quest Diagnostics, and various local government bodies. Local defendants encompass the Village of East Palestine, alongside the East Palestine Police and Fire Departments, the East Palestine City Schools, Columbiana Exempted Village School District, Columbiana County General Health District, and the Columbiana County Board of Commissioners.

The lawsuit alleges that the defendants failed in their duty to protect the public or alert them to the hazards posed by the chemicals released during the event. It further accuses the school districts of neglecting to adequately remediate their schools following the derailment, thereby exposing students to unnecessary chemical risks. Additionally, the Columbiana County Health District is accused of providing misleading information on the health effects and symptoms related to the spilled chemicals.

Within the lawsuit, various claims are outlined, including negligence, nuisance, strict liability, trespass, punitive damages, loss of consortium, wrongful death, survivorship, civil conspiracy, and Medicaid subrogation. Specifically, the wrongful death claim asserts that several individuals died as a direct consequence of the derailment aftermath. Those named in the claim include Margie Mae Lewis, Margo Zuch, Randy Swogger, John R. Moore, Viola Noel, Edward Zins, and Carlyn Tigelman.