Lawsuit Over Derailment And Chemical Spill Dismissed
A class action lawsuit against the Canadian Pacific Railway has been dismissed by a Bismarck federal judge. The lawsuit was filed over a derailment and chemical spill that occurred in 2002 in Minot, ND. When dismissing the lawsuit the judge, Daniel Hovland, referred to the immunity provided to the railroad relating to such legal actions as part of the Federal Railroad Safety Act.The derailment and chemical spill occurred in January 2002, and resulted in a cloud of toxic ammonia being dispersed over the area. Hundreds of people suffered injuries and one man was killed as a result of the incident. Lawsuits followed the incident, with hundred of people filing against the railroad in both North Dakota and in Minnesota, which is where the headquarters is located.
Last month the initial cases were heard in the courts, and in Minneapolis it was ruled that the railroad was to pay nearly two million dollars in damages to four injured parties in relation to the incident. However, the decision was appealed by the railroad and it went on to seek the dismissal of the class action lawsuit in Bismarck.
With regards to the federal legislation, the judge stated that he recognized this closed doors for many injured parties. He wrote: "As a result, the judicial system is left with a law that is inherently unfair to innocent bystanders and property owners who may be injured by the negligent actions of railroad companies. Other federal district courts throughout the country have struggled with the harshness of decisions such as this. However, it is the province of Congress, not the judicial branch, to address this inequity."
Topic Added March 15th, 2006
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