A proposed settlement in a class action lawsuit against Norfolk Southern Corporation on behalf of business owner Deborah J. Brasher and certain people in Lincoln has been agreed upon in federal district court as of Aug. 27.The lawsuit was filed immediately after two trains — one carrying sodium cyanide and the other attempting to pass it on a sidetrack — collided on Jan. 18, 2006. The cyanide threatened a one-mile area around the explosion site in Lincoln with eminent danger if the chemical had mixed with water.
In one neighborhood, Lomar Villa, approximately 13 families were confined to their residences during the evacuation process because the only access road was blocked by the trains.
Residents of the neighborhood say they want a new road built in case of another train wreck.
“We just want to be able to get out. We don’t want any money,” resident Polly Tanner said.
Tanner and some of the other Lomar Villa residents were clients of Roger W. Orlando and four other attorneys for the case but they opted out of the suit, saying money wasn’t their agenda, Orlando said.
The Decatur, Ga., law firm joined with other firms, forming a team of specialized attorneys to draft the settlement.
“I know who Mrs. Tanner is. She is a nice lady, and we really wanted to help that neighborhood but couldn’t get any of them to sign on,” Orlando said.
He said Tanner thought their chances of getting the road would not come in this way.
“I told her this suit is the best way to get what you need from them,” Orlando said.
The proposed settlement groups the affected people into different classes to determine who gets what.
The two classes as stated in the legal notice are determined by geographical boundaries — Evacuation Zone and Exposure Zone.
According to the suit, the classes are people potentially affected by the train wreck and derailment in an area determined by research and expert analysis the lawyers from both sides of the suit have agreed upon.
Residents in the designated area who fall into the class or subclass will receive the proposed settlement if they opt in.
The rights and choices of the plaintiffs are laid out on the notice as staying in the class and possibly receiving payment, exclusion or objection to the proposed settlement.
Orlando said the “court has appointed all five co-lead counsel as qualified to represent the class.”
A hearing to consider the approval of the settlement and the right to appear and object will be held Nov. 2 at 9 a.m. in the Hugo L. Black U.S. Courthouse in Birmingham.
This means the court will decide whether the settlement is fair to all people involved and the court will certify the settlement and release the claims.
Orlando said the dollar amounts for the plaintiffs were decided on as “a result of two focus juries’ findings held in Pell City. They helped decide on who and how much to reimburse and the classes. … This was a hard case to try,” Orlando said.
Tanner said acquisition of the land necessary to build the road is still in limbo between three residents and the railroad company, and the progression has stalled.
“Everybody is passing the buck again. There is blame being thrown around between ALDOT, the property owners and the railroad company, but nothing is happening. It has been two years since the accident and nothing has been done,” Tanner said.
“I was told by (Gov Bob) Riley that I could pass the buck that we get our new road. … I am still waiting to pass the buck. And if something is not done at our next (Lincoln) council meeting, a group of us are going to picket Montgomery.”
