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Lac-Megantic lawyer leads class-action lawsuit in train derailment

Lac-Megantic lawyer leads class-action lawsuit in train derailment

As the community of Lac-Megantic continues to recover from a devastating train derailment that left 50 people dead and decimated the community’s downtown, the first bid has been cast to sue those believed to be responsible for the crash.

A local lawyer has teamed with some of North America’s top civil litigators to demand restitution from Montreal Maine and Atlantic Railway and key members of its staff.

A motion to bring forward a class action lawsuit was filed in Quebec Superior Court on Monday. The lawsuit "seeks recovery for damages sustained by those who have lost loved ones in the explosion and on behalf of persons injured. Claims for property loss and business losses are also included."

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The case will be led by lawyer Daniel Larochelle, a 15-year resident of Lac-Megantic who knew many of the victims personally.

"The suffering endured by this community and the suffering that is still ongoing has been truly incomprehensible," Larochelle said in a statement. "I want this legal action to bring some hope to my community as we start to rebuild."

Larochelle will represent plaintiffs Guy Ouellet and Yannick Gagne. Ouellet's partner, Diane Bizier, was one of those killed in the July 6 explosion. Gagne was the owner of Musi-Café, a popular bar near the heart of the disaster. The building itself was completely decimated and three of Gagne's employees were killed.

The Canadian Press reports that the lawsuit targets as many as 16 defendants, including the company Montreal, Maine and Atlantic Railway, chairman Edward Burkhardt, president Robert Grindrod and train operator Tom Harding.

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According to Burkhardt, Harding has been suspended without pay and is currently being investigated by Quebec police regarding his role in the disaster.

Burkhardt says he believes Harding failed to properly set the brakes on the 72-car train before it broke free from a train yard and rolled into town, derailing and exploding.

Larochelle has partnered with large firms from Montreal, Toronto and New York with "extensive experience" pursuing compensations for victims of disasters.

One of the firms, Lieff Cabraser, Heimann and Bernstein, participated in the $1.5 billion class-action lawsuit following the Exxon Valdez oil spill and is currently part of litigation stemming from the BP Gulf oil spill.

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