The Camden area — Conrail is seeking settlement information in connection with train derailment lawsuits sealed to warrant confidentiality.
A federal judge has compliedto a degree.
Federal Court Judge Robert Kugler Monday ordered sealed portions of a September Settlement conference transcript that was negotiated that was a transcript of a September 2015 settlement conference between Conrail as well as the resident Karen Armistead. Conrail’s lawyers challenged specific sections of the transcript that reference the previous settlement agreements before the courtroom and also in settlement agreements out of the court.
The lawsuit claims that Armistead incurred out-of-pocket expenses during the latter part of 2012 after she was evacuated from Paulsboro following an Conrail train sank.
A few cars jumped over the tracks, at least two of them spilling onto Mantua Creek from a Conrail-owned rail bridge. One vehicle was smashed and released poisonous vinyl chloride gas which was sprayed across towns like cloud. The borough was evacuated for over one week.
Kugler’s ruling notes that an agreement is an official court document. However, he concluded Conrail was a party to the settlement with the intention of keeping it confidential. Publicizing settlement figures of closed court cases could increase the number of lawsuits.
Conrail’s spokesperson Mike Hotra did not return the request for information.
“Disclosure of settlements that have already been made could dissuade (Conrail) from negotiating extra settlements in fear of encouraging more claims,” Kugler wrote.
Based on Kugler’s opinions, Armistead said, “I believe that $500 is like an insult to the face.”
The judge noted was not a reference to any specific settlement or talks. This information is already available, Kugler said.
The month of February was when Kugler granted a Mantua man $500 for his case in a case of Conrail in connection with the derailment. Ronald J. Morris said that he was enveloped in an ozone of chemicals while driving close to the scene of the crash.
