EAST PALESTINE — Another lawsuit that links a death to the 2023 East Palestine train derailment was recently filed in federal court.

The estate of Cheryl Roush filed suit against the railroad on Monday in Youngstown’s District Court, seeking at least $250,000 in damages and blaming the events set into motion on Feb, 3. 2023 — the derailment and intentional vent-and-burn of 1 million pounds vinyl chloride — for ultimately “leading to injuries and subsequent death” of former East Palestine resident Roush.

“Toxic and hazardous chemicals released as a result of the derailment and subsequent burn saturated the air throughout [East Palestine] and neighboring communities, including the area surrounding plaintiff-precedent residence,” the complaint charged. “As a direct and proximate result of exposure to these airborne contaminants, the plaintiff-decedent’s respiratory function was severely compromised, ultimately leading to her death on July 25.”

The latest lawsuit brings the number of deaths directly blamed on the derailment to eight. The derailment has also been attributed to the deaths of Margie Mae Lewis, Margo Zuch, Randy Swogger, John R. Moore, Viola Noel, Edward Zins and newborn Carlyn Tigelman in previous civil complaints.

The wrongful death suit filed by Roush’s estate maintains both the “release and combustion” of noxious chemicals effectively poisoned the air and Roush’s home. Those compounds, according to the suit, include diethylene glycol, vinyl chloride, butyl acrylate, ethylhexyl acrylate, isobutylene, ethylene glycol monobutyl, benzene — all of which have detrimental epidemiological impacts on the human body. The burning of toxins, the suit also contends, caused Roush to be exposed to phosgene and dioxin.

The decision to vent the vinyl chloride tankers into a trench and then set that trench ablaze, is highlighted in the complaint. The vent-and-burn has since been widely scrutinized. The National Transportation Safety Board concluded in its investigation there was no need to release and burn off the vinyl chloride as the tankers were cooling off and not at risk to explode, contradicting the railroad’s narrative.

The lawsuit accuses Norfolk Southern of pushing for the vent-and-burn, not for safety reasons, but to clear the tracks and get rail traffic moving again.

“[Norfolk Southern] prioritized the immediate resumption of its train operations over, and to the detriment of, taking the immediate and necessary steps to address the hazardous nightmare unleashed on [Roush],” it charged.

The complaint also claims that Norfolk Southern “knew or should have known that at least one railcar was malfunctioning and/or on fire for at least 20 miles before the derailment.” Video of the train already on fire as it passed through Salem has been widely circulated.

The four-count lawsuit accuses the railroad of negligence, trespass, strict liability and willful and wanton conduct. Roush’s estate seeks no less than $250,000 in damages for each count.

The case was assigned to Judge Benita Pearson, the same judge that presided over the $600 million class-action settlement between residents and Norfolk Southern.

selverd@mojonews.com