PITTSBURGH — A special metals processing company is suing Norfolk Southern Railway Company and Norfolk Southern Corporation, alleging negligence for property damage caused by a train crash.
MSI Corporation and Travelers Property Casualty Company of America, as subrogee of MSI Corporation, filed a lawsuit Feb. 11 in the U.S. District Court for the Western District of Pennsylvania against Norfolk Southern Railway Company and Norfolk Southern Corporation, alleging negligence, trespassing and private nuisance.
According to the complaint, on Feb. 13, 2014, a freight train (NS 1GC213) owned and operated by MSI was traveling east on the Conemaugh Line near mileposts 36 and 37 when it derailed 21 cars onto MSI’s property at 210 First Street in Vandergrift. The train was classified as a key train and contained both hazmat and general merchandise freight, and of the 21 derailed cars, 19 contained petroleum crude oil and two contained liquefied propane gas, the suit says.
The plaintiffs allege the defendant’s transportation by rail of such hazardous materials is inherently dangerous and involves a high risk to others. The derailed cars crashed into MSI’s building, the suit states, damaging the building and a large industrial saw.
The lawsuit states the crash was caused by a negligent driver who failed to observe the speed limit. As a result of the crash, MSI says it has incurred substantial expenses and Travelers has made several payments for the damages pursuant to its insurance policy.
MSI Corporation and Travelers seek compensatory damages of more than $75,000, stigma damages, punitive damages, attorney fees, filing fees, costs, and pre and post-judgment interest. They are represented by attorneys Matthew T. Logue and James R. Thornburg of the Logue Law Firm LLC, in Pittsburgh, and Jim H. Fields of William J. Ferren & Associates, in Blue Bell.
U.S. District Court for the Western District of Pennsylvania Case number 2:16-cv-00156-ALS