BNSF Railway Co. won’t face claims that a fuel spill from a 1993 train wreck contaminated a nearby property with petroleum.
Indian Creek Development Co. failed to show that the train accident caused the petroleum contamination on its property, the Illinois Court of Appeals ruled April 8. It affirmed a trial court ruling.
The train spilled a large quantity of diesel fuel. But a forensic chemist testified that there was no diesel fuel in samples from Indian Creek property, other than a small amount that was chemically distinct from that found on BNSF property, the court said.
And the trial...