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NSC | Quote | Chart | News | PowerRating -- A child injured by the chlorine spill in Graniteville has been given $50,000 to settle a lawsuit with Norfolk Southern Railroads.
A settlement agreement was agreed upon and approved this week by a federal judge, bringing an end to legal action taken on behalf of Harold Dillionger Marchant, a Graniteville resident.
Nine people died and 250 were injured as a result of the Jan. 6, 2005, crash, when a Norfolk Southern train veered off the main track onto a spur, rear-ending a parked train whose crew had failed to switch the tracks back to the main rail.
The wreck ruptured a car carrying chlorine and released a poisonous cloud over the town.
Dozens of lawsuits have been filed connected to alleged personal injuries and wrongful deaths. The Environmental Protection Agency is also involved in a legal battle with the railroad.
The Marchant complaint, filed by the child's parents on their behalf, claimed that the negligence of Norfolk Southern in causing the spillage exposed both Harold Marchant and his brother to chlorine gas.
"As a direct, foreseeable and proximate result of the negligent, grossly negligent, willful, wanton and reckless acts of Defendants (Norfolk Southern), Plaintiffs suffered and continue to suffer physical and mental injury, pain and illness," the complaint said.
The case was filed at the state level in late 2007 before being bumped up to the federal court in early 2008 as it claimed constitutional infractions.
The settlement will not simply be handed over to the child's family; much of it will be separated to pay medical bills, attorney's fees and other expenses incurred.
The two law firms that represented the family -- Shapiro, Cooper, Lewis & Appleton and Koon and Cook P.A. -- were awarded attorney's fees and expenses totaling more than $14,000.
The majority of the settlement, $30,727.15, will be gradually dispersed to the minor's parents to "fund future periodic payments for the benefit of the minor, Harold Dillionger Marchant."
Calls to both parties involved were not returned immediately Tuesday.
Contact Mike Gellatly at mgellatly@aikenstandard.com.
To see more of the Aiken Standard or to subscribe to the newspaper, go to
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