GRANITEVILLE - The Norfolk Southern railroad company reimbursed Willie Wright without any hassle the first two times he applied for compensation while displaced from his home.
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On Friday, however, the railroad wouldn't provide additional money for his needs until he signed an agreement stating that Norfolk Southern wasn't liable for any further property damages resulting from the Jan. 6 train crash and chlorine spill.
"I don't think people who are signing know that this is the last and final thing, 'Can't take us back to court form,'" he said. "(Toxicologists) came out and checked (my house), but those people work for Norfolk. We're not just going to take their word. We're going to get it checked by an independent company."
Norfolk Southern spokesman Robin Chapman said the company started asking residents to sign settlement agreements as they were let back into their homes, a process that started last week. An estimated 5,400 people were evacuated from their homes because of the spill, and at least five lawsuits have been filed against the railroad.
Any claimant that receives compensation for lost wages or property damage and signs the release is giving up their right to sue, Mr. Chapman said, although they could get further compensation for personal injury. The same is not true, though, if a claimant signs a personal injury release. Signing that form means a claimant cannot seek further compensation for any reason, Mr. Chapman said.
Augusta attorney John Bell warned that claimants shouldn't take the deal.
"If they do have a problem, it could be very significant, and what they're getting now may not be fair," he said. "We've all had problems that looked minor and turned out not to be."
Mr. Wright said he just wanted an $800 reimbursement from the railroad company to cover the food and clothing he purchased while he was evacuated from his home.
Mr. Chapman said claimants asking for money toward food and clothing didn't have to sign the legal release. That wasn't Mr. Wright's experience.
He said railroad authorities wouldn't give him money for the expenses without signing a release. Mr. Chapman said he couldn't comment on specific cases.
Mr. Wright, a manager at Savannah River Site, refused the deal. Instead, he said he plans to take the issue up with his lawyer.
Reach Krista Zilizi at (803) 648-1395. ext. 106, or krista.zilizi@augustachronicle.com.
Release Form:
Graniteville train wreck victims have been issued the following settlement form by Norfolk Southern when making personal injury, lost wages or property damage claims against the railway. In order to receive compensation, they are required to sign the forms that release the railroad from further liability:
"The undersigned hereby agrees to release and forever discharge and hold harmless the released entities of and from any and all claims which I have or may hereafter have, for loss of or damage to property of any kind resulting or in any way arising from an accident which occurred at Graniteville, South Carolina on January 6, 2005. I further agree that the undersigned is not represented by an attorney for claims arising out of the accident and I do not want to participate in any litigation pending or that may be brought on my behalf as a result of that accident."
Special Section: Graniteville Train Wreck
On January 6, 2005, a Norfolk Southern Corp. freight train carrying chemicals hit a parked train near an Avondale Mills plant in Graniteville, South Carolina. The impact caused poisonous chlorine gas to leak from three of the moving train's cars. Nine people were killed and more than 5,000 people were evacuated from the site.
For complete coverage of the Graniteville train wreck, visit our special section.
