DUNNELLON, Fla. – A class action lawsuit was recently filed against CSX Transportation, seeking $50,000 after a massive tie fire in Dunnellon prompted a toxic smoke warning and a state of emergency.
The plaintiffs, both Dunnellon residents, allege in the lawsuit that the Feb. 1 fire caused a loss of income and an increased risk of cancer and organ damage.
The fire started on property owned by CSX Transportation near East McKinney Avenue and North Williams Street. The cause remains under investigation by the Office of Agricultural Law Enforcement.
Later that day, Marion County declared a state of emergency, reporting that an estimated 30,000 to 40,000 ties caught fire.
Railroad ties, also known as railroad sleepers, are rectangular supports made of wood or concrete that hold railroad tracks in place. The ties involved in the fire were chemically treated, which raised concerns about potential environmental and health impacts due to smoke and air quality issues.
Air quality monitoring conducted by an independent consultant contracted by CSX and local first responders showed no readings above action levels.
The lawsuit is also on behalf of residents within a 30-mile radius of where the fire occurred.
As a direct and proximate results of Defendants’ negligent use, discharge, storage, maintenance, disposal, distribution, release, and/or burning of hazardous materials throughout a 30-mile radius surrounding the Railroad Tie Fire, Plaintiffs and the Class Members presently suffer, and will continue to suffer, real property damage, out of pocket expense, personal property damage, loss of use and enjoyment of property, diminution in property value, loss of business income, loss of business goodwill, annoyance, upset, aggravation, inconvenience, loss of use and enjoyment, an increased risk of associated disease or illness, and the present need for medical monitoring to ensure early detection of any such disease or illness.
Class Action Lawsuit
The lawsuit also seeks a jury trial.
Many residents packed City Hall days after the fire to voice concerns about potential long-term health effects.
“We care about this. We care about our home. We care about the well-being of all the citizens,” said Dr. Eva Bellon, a lifelong Dunnellon resident who attended the meeting to raise concerns about possible health impacts.
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“Everyone is worried about the overall health of everyone who lives in the area,” Bellon said. “The smoke was dangerous. It’s not just normal smoke.”
During a Marion County Commission meeting, officials stated that multiple attempts had been made prior to the fire to address the hazard, including code enforcement violations and formal notices to remove the materials.
“It was just an accident waiting to happen,” one official said during the meeting.
A city council meeting on Monday will discuss the cleanup of the railroad ties.
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