8 July 2005
Lawyer Hunts Potential Plaintiffs Against CP Rail in North Dakota Derailment
Bismark North Dakota - An attorney representing residents of
Minot, N.D., who are suing Canadian Pacific Railway Ltd. hopes every household in Ward County will
soon be notified that it might have a claim stemming from a derailment and chemical spill three years
ago.
The notification plan by Mike Miller includes radio and newspaper announcements and direct mailing. It
is awaiting the approval of U.S. District Judge Daniel Hovland, who in May granted
class-action status to the lawsuit.
"We don't know yet how large the class will be, but it certainly will be in the 10,000 to 20,000
range," Miller said.
Canadian Pacific sought permission to appeal Hovland's ruling, but the 8th U.S. Circuit Court of
Appeals last month denied the request with no comment, said clerk Michael Gans.
Miller said the railway has informally objected to his proposed method for notifying potential
claimants.
"I really don't know what Canadian Pacific's problem is with what we've proposed," he said.
"All we're trying to do is get notice out."
Canadian Pacific spokeswoman Laura Baenen said the railroad will file a formal objection.
"This is far more notice than is required and will result in confusion among the public as to who
is in the class and who is not," she said.
The 18 Jan 2002 derailment on the west edge of Minot spilled anhydrous ammonia farm
fertilizer, sending a toxic cloud into the air. One man died and more than 300 people were injured.
Federal investigators described the tank car ruptures as "catastrophic." The National
Transportation Safety Board said the wreck was caused by inadequate track maintenance and inspections,
a conclusion disputed by Canadian Pacific (TSX:CP).
People with potential claims against the railroad and those who have already sued on their own can
choose to proceed in court with personal lawsuits, rather than become part of the class action.
The first lawsuits are scheduled for mid-October in Minneapolis, where the
Calgary-based railway has its U.S. headquarters. The lawsuits include a wrongful death
claim by MeLea Grabinger, whose husband, John, was killed.
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