Residents in Lumberton have filed a lawsuit against CSX over flooding in the city. 

Jimmy Edwards, Robert and Dolores Hunt, and Clifford McKellar, Jr. and Emma McKellar filed the lawsuit against CSX on Monday, according to the lawsuit. They claim that numerous homes and vehicles were destroyed when water came through a gap in the cities levees and that the gap was created by a railway underpass owned by CSX.

“The result was extensive flooding and damage to homes and businesses in Lumberton, North Carolina and displacement of hundreds of residents in what has been called “one of the poorest populations in what is arguably the least developed part of the state,” the lawsuit says. 

“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,” the lawsuit claims. “CSX knew of the potential for catastrophic damages if the underpass was not protected by a floodgate. It was at this very site on the railroad’s property that water from the Lumber River poured into Lumberton after Hurricane Matthew in October 2016 causing catastrophic flooding that displaced 1500 residents for months and killed at least one person.”

The lawsuit also claims that funding was available and that no floodgate has been built. “Despite an offer by North Carolina Emergency Management and the Golden LEAF Foundation to provide $3.5 million in funding, when Hurricane Florence hit, no floodgate had been built to bridge the gap in the levees created by the CSX railway underpass.”

In the lawsuit, the plaintiffs “respectfully request that the court enter judgment in Plaintiffs’ favor and against CSX, as follows”:

  • “Certifying this action as a class action and appointing Plaintiffs’ counsel to serve as Class Counsel”
  • “Awarding Plaintiffs and the members of the class actual damages, including compensatory and consequential damages, in an amount to be determined at trial”
  • “Awarding Plaintiffs and the members of the class exemplary or punitive damages”
  • “Awarding Plaintiffs and the members of the class pre-judgment and post-judgment interest”
  • “Awarding Plaintiffs and the members of the class such costs and disbursements as are incurred in prosecuting this action, including reasonable attorneys’ and experts’ fees”
  • “Granting Plaintiffs and the members of the class such other and further relief as this Court deems just and proper.”

CSX released 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 has extensive operations in the impacted communities where so many of our employees, customers and suppliers call home. 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.” 

The full lawsuit can be read here.