Corporate Immunity; Paid in full by everyday Americans
Posted: Sunday, July 30th 2006
There are 230,000 miles of railroad track in the United States. 1.7 million carloads of hazardous materials are transported by rail every year. From 1996 to 2005 there were over 9000 reported incidents involving hazardous materials transported by rail.
On January 18, 2002 a freight train derailed because of negligently maintained tracks. 250,000 gallons of toxic anhydrous ammonia was spilled over Minot, North Dakota. You’ve probably heard of anhydrous ammonia because it’s common used by makers of the illegal drug methamphetamine. When police officers raid sites where meth is made, these officers where special full body protection suits with respirators because anhydrous ammonia is that dangerous to anyone who breathes the fumes or makes contact with it. Sometimes the police will evacuate a city block to protect the health and welfare of those close to a spill.
Many injured people filed lawsuits in state court over this spill. This makes sense. The state courts, and state juries, have a significant interest in ensuring state life, property and the environment are protected.
The evidence was so damning that the Canadian Pacific Railway admittedly liability in court, leaving only the issue of damages for the jury to decide. However, the thought of any corporate wrongdoer having to pay money damages to those people maimed or killed by its actions simply goes against what our current President, the Congress, many conservative judges and business organizations believe in. So, despite the Railway admitting its negligence in court, the courthouse doors were slammed shut on those harmed by the Railway’s negligence. The lawsuits were dismissed. Conservative federal judges have interpreted legislation entitled the Federal Railroad Safety Act as preempting state court lawsuits. This means that residents of North Dakota cannot file suit in North Dakota state courts for damages caused by the railroad. Instead, they must file these lawsuits in the more conservative federal courts. The federal judges in the Minot case ruled the railway was immune from the state court legislation. The people of North Dakota now see it (tort reform) for what it is - essentially a get out of jail card for corporations. One more “victory” for tort reformers means that more killed or severely injured people are unable to obtain civil justice in a courtroom. ...even after the defendant admitted it was negligent. The warning signs that tort reform is becoming a runaway train destined to harm large number of Americans in every walk of life has been ignored to a large extent by the media (owned by large corporations and seeking advertising dollars from other large corporations) and the general public. The people of North Dakota now see it (tort reform) for what it is - essentially a get out of jail card for corporations. Unfortunately, for many in the Minot area it’s too late to do anything about the ill effects of tort reform. That train, one might say, has already left the station.