CSX Corp. sued in aftermath of flooding by Hurricane Florence

Property owners say company failed to act on warnings that railroad underpass left town vulnerable to flooding.


  • By Mark Basch
  • | 9:09 a.m. September 25, 2018
  • | 5 Free Articles Remaining!
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In the aftermath of Hurricane Florence, residents of one North Carolina town are alleging inaction by CSX Corp. caused major flood damage to their town.

Five property owners in Lumberton, North Carolina, filed a class-action lawsuit Monday against Jacksonville-based CSX after floodwaters “poured through a gap in city levees.”

“This gap was created by a railway underpass owned by CSX,” said the suit filed in U.S. District Court for the Eastern District of North Carolina.

“Upon information and belief, CSX was aware that the underpass was a point of vulnerability for major flooding in Lumberton, ignored reports warning of the need for a permanent floodgate, and refused city officials’ pleas for permission to build a temporary berm to protect against forecasted Hurricane Florence flooding,” it said.

Concerns about the underpass have been ongoing for several years and were exacerbated two years ago because of flooding caused by Hurricane Matthew.

The lawsuit alleges CSX had been unresponsive to proposed resolutions to the problem even before Hurricane Florence threatened the area.

CSX responded to the lawsuit with a statement saying “while CSX does not comment on pending litigation, it is important to point out that Hurricane Florence was an extraordinary storm that brought record flooding and left many communities throughout the region devastated including Lumberton.”

CSX said it has extensive operations in the area.

“Our thoughts are with those impacted by Hurricane Florence and we remain fully committed to working with the City of Lumberton to implement a permanent solution,” it said.

 

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