Widow of man killed after derailment sues railroad

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BISMARCK - The widow of a man killed after a deadly derailment two years ago in Minot has filed wrongful death lawsuits against the Canadian Pacific Railway.

MeLea Grabinger of Minot filed two similar federal lawsuits this month, one in Minneapolis and one in Bismarck, against the railroad, its subsidiaries and tank car manufacturers. She seeks more than $75,000 and a jury trial.

Her husband, John, 38, died after the Jan. 18, 2002 derailment sent a deadly cloud of anhydrous ammonia over Minot. More than 290,000 gallons of the chemical spilled from tanker cars near the couple's rural home.

MeLea Grabinger alleges the railroad failed to properly inspect, maintain and repair its track.

Minneapolis lawyer Tim Thornton, who represents Canadian Pacific, has not yet filed a formal response to the Grabinger lawsuit, but he said workers maintain the track every day.

The wreck on the west edge of Minot ruptured 11 tank cars carrying anhydrous ammonia. The chemical spilled onto the ground and formed a vapor cloud. Hundreds of people sought treatment for burns and breathing problems.

The Grabinger lawsuit says John Grabinger was overcome when the couple tried to leave their home. A tanker car flew through the air and landed near the Grabingers' back yard.

The lawsuit says John Grabinger drove his truck into a neighbor's house and when he and his wife got out of the vehicle, their eyes burned and they could not see each other.

The Grabingers dropped to their knees, the lawsuit says. MeLea Grabinger was able to get to a neighbor's house but rescuers could not move her husband. He was later pronounced dead.

The lawsuit alleges Canadian Pacific failed to properly maintain the track and that it cut the number of track maintenance workers.

Lawyers said they still get calls from people injured after the derailment.

Robert Bolinske Sr., a Bismarck lawyer, said he and others are waiting for the report from the National Transportation Safety Board on its investigation into the derailment.

Company documents and witnesses cannot be accessed until the report is finished, he said.

"Basically, the case is in limbo until the report comes out," Bolinske said.

NTSB officials said they expect to issue the report sometime this spring.

Attorney Mike Miller of Fargo said he represents nearly 900 people as part of a lawsuit he hopes will gain class-action status. Miller said he has been talking to Canadian Pacific lawyers.

Miller said hundreds of people still suffer eye and respiratory problems from exposure to anhydrous ammonia.

"It's been two years and, in many instances, people who are still suffering have permanent injuries," he said. "There's a lot of untold stories yet."

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