BISMARCK, N.D. — The unofficial spokesman for people
affected by a train derailment and chemical spill in
North Dakota seven years ago has settled a lawsuit
with Canadian Pacific Railway.
Other cases appear headed for trial next year in
Minneapolis, barring intervention by the U.S.
Supreme Court.
The lingering lawsuits were not part of a
class-action case that ended in late 2007 when a
federal judge in Bismarck approved a US$7 million
settlement involving more than 3,000 victims of the
wreck.
That settlement resolved the majority of cases but
did not include hundreds of people who had filed
individual lawsuits or who opted out of the
class-action case to move forward in the courts on
their own. Most of those people settled with the
railway company earlier.
Tom Lundeen, the lead plaintiff in a group of cases
that eventually ended up in the 8th U.S. Circuit of
Appeals, said his family settled with Canadian
Pacific late last month.
He said the railway made an unexpected offer last
December and his family decided that after so many
years of battling, "enough was enough."
Lundeen did not give details of the offer but said
it was one "we felt satisfied with."
"I guess the railroad wanted to be done with us just
as much as we wanted to be done with the railroad,"
he said.
The Jan. 18, 2002, derailment on the western edge of
Minot, N.D., sent a cloud of toxic anhydrous ammonia
farm fertilizer over the city. It killed one man who
tried to escape the fumes and sent others to
hospital with eye and lung problems. The man who
died, John Grabinger, lived in the same development
as the Lundeen family, near the wreck site.
In March 2006, U.S. District Judge Daniel Hovland
ruled in Bismarck that federal law protected CP Rail
from claims stemming from the derailment. Congress
later changed the law to allow people to bring
personal-injury lawsuits against railways in state
courts under certain circumstances.
A three-judge 8th U.S. Circuit Court of Appeals
panel last July upheld the congressional action in a
2-1 decision, reviving the Lundeen group of
lawsuits.
Canadian Pacific, which challenged the
constitutionality of the federal law change, has
asked for a U.S. Supreme Court hearing. The high
court, which gets thousands of requests but hears
only several dozen cases each year, will decide this
spring whether to take up the matter.
In the meantime, Hennepin County District Judge Tony
Leung in Minneapolis - where Canadian Pacific has
its U.S. headquarters - has set aside time in
January to hear remaining cases against the company.
Canadian Pacific lawyer Tim Thornton said there are
about 30 outstanding cases. He declined to say
whether the railway will try to settle them by the
end of the year.
"We've settled a lot of cases," he said. "If they
settle, they settle. If they don't, we'll try them."
A Minnesota state court jury in 2006 awarded four
Minot derailment victims a total of nearly $1.9
million, before other claims stalled in the courts.
Should the Supreme Court delve into the matter and
overturn the 8th Circuit ruling, the remaining cases
would not be tried. Thornton said the railway has
settled some outstanding cases in the meantime
because "you never know what the courts are going to
do."
"If you have the opportunity to make a good deal,
you do it," he said.
Lundeen said his family's thinking was similar. With
trials not scheduled for almost another year and the
possibility of lengthy appeals after that, "who
knows how long it would drag out?" he said.
"We didn't feel like we needed to go any further
with this," he said. "We felt that we got a fair
offer and we took it. I'm glad it's over. It's a big
load off our family's shoulders."


