In Re Miamisburg Train Derailment Litigation

Brogan, Judge.

In this case, the appellants, who are plaintiffs in a class action, seek reversal of a decision granting summary judgment in favor of appellees, Union Tank Car (“UTC”) and the related corporations Albright & Wilson and ERCO (hereinafter, collectively, “A&W”). The trial court found that the claims of the plaintiff class were fully satisfied by the proceeds of an earlier settlement agreement with co-defendant, CSX Transportation Corp. (“CSX”), who has been released from the lawsuit. Because all claims, including those for punitive damages, were fully paid, the court reasoned, the…