KCS Train Derailment - Q3 2024 Update
There are no new updates in this litigation. Our attorneys are still working to move your claims forward. We will update you as soon as there is new information to share. Thank you for your patience.
KCS Train Derailment - Q2 2024 Update
Currently, Kansas City Southern Railroad (KCSR) has expressed interest in resolving this matter. As such, we are in the process of preparing settlement demands on your behalf. In the meantime, we will contact you to confirm the damages you are claiming to have suffered resulting from the KCSR train derailment. Once confirmed, expect to receive an affidavit from our office listing your damages for your review and signature. Additionally, we will contact you to discuss the amount of your settlement demand tailored for your individual claim.
As always, we appreciate your continued cooperation in this matter.
As always, we appreciate your continued cooperation in this matter.
KCS Train Derailment - Q1 2024 Update
Q4 2022 Update
This litigation is currently ongoing in the US District Court for the Eastern District of Texas. At this time, the Court is considering and ruling on critical motions and associated responses related to this lawsuit as BCA continues to vigorously litigate this matter with KCSR. We will keep you updated on this important piece of litigation. If you know friends, family and/or neighbors who lived close to this derailment, who may have a claim but are not represented by another attorney we would like to talk to them about their potential claim.
Q1 2022 Update
BCA’s class action lawsuit that was pending in a state district court in Orange County, Texas was recently removed to the US District Court for the Eastern District of Texas. The notice of removal was filed by Sperry Rail, Inc., the company hired by Kansas City Southern to perform ultrasonic rail inspection. Specifically, Sperry performed ultrasonic rail testing to identify all rail flaws and defects on KCSR tracks. Sperry used its equipment to perform rail testing services for KCSR in the exact area where, less than twenty-four (24) hours later, the derailment occurred. BCA contends that Sperry and Sperry’s employees knew or should have known of the defect in the rail that resulted in the derailment on October 29, 2020.
BCA continues to vigorously litigate this matter with KCSR and Sperry and will keep you updated on this important piece of litigation.
BCA continues to vigorously litigate this matter with KCSR and Sperry and will keep you updated on this important piece of litigation.
Q4 2021 Update
On the morning of October 29, 2020, a Kansas City Southern Railway Company (KCS) train derailed in Mauriceville, Texas. The derailed cars included 15 loaded with potentially highly toxic and flammable materials. As a result, a large area totaling several square miles around the derailed train was evacuated.
Power outages were widespread, impacting thousands of area residents. Several evacuation protocols remained in place for a number of days and caused a significant amount of economic loss to the community.
Businesses were forced to close. Schools were forced to close. Parents were stranded from work with no one to care for many of the displaced students. Residents of the area were forced to leave and find accommodations elsewhere, many at hotels already packed with contractors and evacuees from the hurricanes that had already devastated the area in the preceding months.
The derailment caused several million dollars of economic loss to the area. As the vast majority of those impacted had losses measured in the hundreds or few thousands of dollars each, the costs associated with bringing a lawsuit for those damages would normally be financially prohibitive. Therefore, the case will be pursued through a class action lawsuit, which will allow all those harmed from the incident to be able to bring their claims together in a single lawsuit. A number of the businesses and residents of the area have retained the law firm of Brent Coon and Associates to handle this matter.
Currently, Brent Coon & Associates has filed a lawsuit in Orange County, Texas against Kansas City Southern Railways (KCSR) on behalf of Plaintiffs that suffered damages, including evacuation expenses, business losses, lost wages, property damage, and expenses due to the power outage. We continue to accept cases in that matter and are confident of a resolution to the claims with KCS.
The Court has arranged for a case management order and set deadlines for various stages of the case, including future arguments as to why the case should be resolved as a class action.
Power outages were widespread, impacting thousands of area residents. Several evacuation protocols remained in place for a number of days and caused a significant amount of economic loss to the community.
Businesses were forced to close. Schools were forced to close. Parents were stranded from work with no one to care for many of the displaced students. Residents of the area were forced to leave and find accommodations elsewhere, many at hotels already packed with contractors and evacuees from the hurricanes that had already devastated the area in the preceding months.
The derailment caused several million dollars of economic loss to the area. As the vast majority of those impacted had losses measured in the hundreds or few thousands of dollars each, the costs associated with bringing a lawsuit for those damages would normally be financially prohibitive. Therefore, the case will be pursued through a class action lawsuit, which will allow all those harmed from the incident to be able to bring their claims together in a single lawsuit. A number of the businesses and residents of the area have retained the law firm of Brent Coon and Associates to handle this matter.
Currently, Brent Coon & Associates has filed a lawsuit in Orange County, Texas against Kansas City Southern Railways (KCSR) on behalf of Plaintiffs that suffered damages, including evacuation expenses, business losses, lost wages, property damage, and expenses due to the power outage. We continue to accept cases in that matter and are confident of a resolution to the claims with KCS.
The Court has arranged for a case management order and set deadlines for various stages of the case, including future arguments as to why the case should be resolved as a class action.