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Train settlement claims due Nov. 28

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By The Staff

SHEPHERDSVILLE - Where were you on Jan. 16, 2007?

If you were within 3.5 miles of the site of the train derailment in Brooks you might be eligible to receive a part of a $3 million class action settlement fund approved by U.S. District Judge Thomas B. Russell.

However, if you want to be part of the class action group that could receive from $115 to $574, you must sign up by Nov. 28, 2008.

According to www.BullittCountyTrainDerailment.com, those seeking damages from the fund set up by CSXT and General Electric Railcar Services could have worked, lived or had a child attending school within 3.5 miles of the train derailment on Jan. 16-19, 2008.

Those wishing to make claims can go to the website or contact the settlement administrator at 1-800-345-0837.

A hearing will be held in Louisville in December to look at the claims filed.

The affected area is divided into three areas.

The first would be from 1,500 feet up to one mile from the derailment site. This could garner the highest claim of $574.

The second area from 1-2 miles would be eligible for $344.

The final area up to 3.5 miles could receive a settlement of $115.

All those figures will be based upon the number of people who file claims. Those numbers would be divided into the $3 million settlement fund.

Those who feel they have extraordinary claims may fill out another type of form on the website or by calling the administrator.

The maximum paid to anyone would be $10,000.

Edgar C. Gentle III of Gentle, Pickens and Turner in Birmingham, Ala., was appointed as the settlement administrator.

On Jan. 16, 2007, a CSX train derailed near the Solite plant on Highway 1020 in Brooks. The area was evacuated for several days as railcars burned.

The damaged rail cars were stored on property across from the derailment scene until a couple of weeks ago, when they were removed following a routine federal transportation investigation.

Property owners in the immediate area have had separate negotiations with CSX on the derailment.

Those who already received some type of payment from CSXT could still be eligible to be part of the class action. Any payments received previously would be subtracted from the settlement amount.

The settlement is not an admission of wrongdoing by any of the parties.

All paperwork must be submitted by Nov. 28, 2008, to qualify for the any settlement claims.