Derailment Court Cases Revived | KXNet.com North Dakota News

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Derailment Court Cases Revived

There may again be courtroom testimony about injuries suffered in a chemical spill that enveloped Minot five-and-a-half years ago.

Congress has passed legislation saying federal judges can not protect Canadian Pacific Railway from lawsuits filed in state courts resulting from the derailment and spill in 2002.

As Jim Olson reports, the bill means there could soon be new courtroom activity surrounding the derailment and anhydrous ammonia spill...

(Jim Olson, KX News) This courtroom in Minneapolis could once again hear arguments of people injured in the January 18, 2002 train derailment and chemical spill in Minot

(Colin Dobrovolney, McGee Law Firm) "We should be back where we should have been four years ago.

(Jim Olson, KX News) An estimated 100 lawsuits are still waiting to be heard against Canadian Pacific Railway - and The McGee Law Firm in Minot represents more than half of those people. Attorney Colin Dobrovolney says it's about time victims got their day in court.

(Colin Dobrovolney, McGee Law Firm) "It's almost six years since the derailment and a lot of our clients have had ongoing symptoms and treatments and medical expenses and all of the things that go with it and so it's been difficult for them.

(Jim Olson, KX News) The new legal activity is made possible by a bill passed in Congress last week saying protection for the railroad that some federal courts have found under the Federal Railroad Safety Act does not exist - and it makes it retroactive to 2002

(Colin Dobrovolney, McGee Law Firm) "Absolutely the best news we could have gotten. It makes it clear that the Federal Railroad Safety Act was never intended to provide the railroad with the protection that the railroad was seeking. Basically what we have called the "get out of jail free" card was just taken away by this legislation.

(Jim Olson, KX News) Dobrovolney says if the bill is signed into law, it gives his clients a new, stronger position for negotiating with the railroad.

(Colin Dobrovolney, McGee Law Firm) "If we can't reach an agreement, then we'll just try the case. Prior to this legislation, that option was very limited. Our ability to force the railroad into court was severely restricted.

(Jim Olson, KX News) And he says given the multi-million dollar settlements awarded in the few cases that have gone before a jury, the railroad will be more motivated to make what he calls fair settlements with his clients. Jim Olson, KX News.

While the legislation makes it possible for people to bring suit against the railroad, it would not be of any help to anyone who's already settled a claim with Canadian Pacific. watch the video | save this article / add to your favorites list


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