The judge assigned to hear two lawsuits filed in the wake of last week's train derailment outside Lawtell has recused herself, citing an already full upcoming docket.
Both civil actions were moved last week from the 27th Judicial District Court in St. Landry Parish to the U.S. Court for the Western District of Louisiana in Lafayette. U.S. District Judge Rebecca Doherty, who had originally been assigned to hear the cases, filed the paperwork to recuse herself Monday.
One of the lawsuits seeks to create a class representing all of the people who suffered the effects of the spill, while a second is filed on behalf of two clients.
The first suit, filed by Opelousas attorney Charles Cravins, says the plaintiffs suffered physical injuries, mental anguish, emotional distress, loss of monies, loss of profit, property damage, loss of use and inconvenience, legal interest, court costs and attorney's fees. It also claims Union Pacific operated its train at an unsafe speed over unsafe tracks and failed to maintain both rolling stock and its track bed, causing the derailment.
The other, filed by Mamou lawyer Timmy Fontenot, claims his clients Tasha Tolar Carriere and Danielle Bihm Marcantel were harmed when sodium hydroxide and vinyl chloride spilled during the derailment was released into the air.
Neither suit specifies what damages are being sought. The class action suit argues that damages continue to accrue as Union-Pacific's clean up is ongoing.
About 250 Lawtell residents were forced from their homes after 26 cars derailed on the afternoon of Aug. 4. The last of the evacuees were allowed back in their homes Thursday.