A federal judge has declined to toss a class-action lawsuit filed by the first responders who helped evacuate thousands of Blount County residents after a train derailment and chemical spill sent poisonous smoke into the area and put more than 100 people in the hospital last summer.
At issue is a lawsuit filed in U.S. District Court that claimed four Blount County deputies and six Alcoa police officers were exposed to "smoke and vapors containing toxic chemicals, including, but not limited to, acrylonitrile and hydrogen cyanide," while evacuating residents during the toxic chemical fire on July 1, 2015.
The lawsuit claims the derailed car had been dragged more than nine miles before stopping near Old Mount Tabor Road in Blount County. The lawsuit, filed last August, seeks $75,000 for each of the responders to cover medical bills related to their work in the contaminated area. The lawsuit names CSX Transportation Inc. and Union Tank Car Co., which manufactured the rail car for CSX.
The two companies asked Federal Judge Tom Varlan to dismiss the case.
Attorneys for the companies argued they were protected under Tennessee’s “Policemen and Firemen’s Rule.” The rule was designed to encourage citizens to seek help from city fire and police departments when needed without fearing subsequent lawsuits if the responders are injured.
But, there is an exemption to the rule – if the responder is injured “by a citizens’ intentional, malicious or reckless misconduct,” according to state Supreme Court case law.
“(Plaintiffs) state that they spent several hours in the area near the train derailment before being informed of the identity of the toxic chemical that was being released,” Varlan stated in an opinion issued July 7. “Accordingly, the Court finds that the . . . plaintiffs have sufficiently alleged that after being exposed to toxic chemicals is not a reasonably expected danger, given the nature of the police officers’ position of employment. As a result, the policemen and firemen’s rule will not operate to preclude their claims against CSX and UTC.”
CSX spokeswoman Kristin Seay said the company does not comment on matters involving pending litigation.
The 10 first responders were taken to the hospital and subjected to what they claim was intrusive decontamination procedures. They said they have continued to show symptoms including congestion, coughing and shortness of breath.
Each of the plaintiffs want at least $75,000 to cover past and future physical injuries, medical expenses, emotional distress, fear of future illness and aggravation, and inconvenience. The lawsuit also demands a jury trial.
The lawsuit documents list the plaintiffs as Blount County deputies Sam Hall, Christopher D. Morgan, Nathan Payne and Brad Butler; it also includes Alcoa police officers Dustin Stevenson, Dustin Cook, Joseph Beasley, Justin Vandergriff, Daniel Brooks and Mark Tate.
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