Entities dismissed from lawsuit while still in Franklin County
LISBON — The East Palestine school district, Columbiana school district and Columbiana County Board of Commissioners were also dismissed from the lawsuit filed over the 2023 East Palestine train derailment, apparently when the case was still in Franklin County.
A recent entry in Columbiana County Common Pleas Court noted the dismissal of the village of East Palestine, East Palestine Police Department and Columbiana County Health District from the lawsuit.
A review of the list of defendants for the case showed the school districts, the commissioners and 18 other entities, such as Ford Motor Company and Republic, were entered in the computer, but with dismissed next to the names. Entries in Columbiana County Common Pleas Court said Alicon Environmental Inc. and American Engineer Group LLC were also dismissed from the case.
The lawsuit claiming wrongful death and negligence includes more than 800 parties and was transferred from Franklin County to Columbiana County last month. Retired Cuyahoga County Common Pleas Court Judge Richard J. McMonagle was recently assigned by the Ohio Supreme Court to act as visiting judge for the lawsuit. Both Columbiana County Common Pleas Court Judges Scott Washam and Megan Bickerton recused themselves due to conflicts.
Norfolk Southern leads the list of remaining defendants while the list of plaintiffs includes area residents who opted out of the huge class action lawsuit that had been filed and settled in federal court, along with some area residents who opted in.
An attorney for Norfolk Southern filed a request Oct. 3 for a status conference, indicating an intention to transfer venue, but nothing has been scheduled at this point.
Claims outlined in the complaint include negligence, nuisance, strict liability, trespass, punitive damages, loss of consortium, wrongful death, survivorship, civil conspiracy and Medicaid subrogation. The wrongful death claim alleges that Margie Mae Lewis, Margo Zuch, Randy Swogger, John R. Moore, Viola Noel, Edward Zins and Carlyn Tigelman all died from the aftermath of the derailment.