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Baltimore poised to settle CSX lawsuit over water main break that derailed train

Madeleine O'Neill//June 2, 2023

A CSX train engine sits idle on tracks in Philadelphia, Wednesday, Sept. 14, 2022. A fifth rail union has approved its deal with the freight railroads to secure 24% raises and $5,000 in bonuses and a sixth one is set to vote Thursday. But all 12 rail unions must ratify their contracts to prevent a strike. (AP Photo/Matt Rourke, File)

A CSX train engine sits idle on tracks in Philadelphia, Wednesday, Sept. 14, 2022. A fifth rail union has approved its deal with the freight railroads to secure 24% raises and $5,000 in bonuses and a sixth one is set to vote Thursday. But all 12 rail unions must ratify their contracts to prevent a strike. (AP Photo/Matt Rourke, File)

Baltimore poised to settle CSX lawsuit over water main break that derailed train

By Madeleine O'Neill

//June 2, 2023

Baltimore’s spending board will vote next week on a proposed settlement to end a lawsuit brought by the rail carrier CSX Transportation Inc. over a major water main failure that caused a train derailment in 2019.

The city’s Board of Estimates will vote Wednesday on the proposed settlement of $245,000.

CSX’s lawsuit claimed the city failed to repair a leaking water main above the Howard Street Tunnel ahead of a major break that flooded the tunnel, derailed a train and caused the collapse of an underground structure.

The company sought $2.5 million in damages, plus costs, when it filed a complaint against the city and the Maryland Transit Administration in federal court last year.

The claims against MTA, which operates the light rail that runs over the Howard Street Tunnel, were dismissed because of a jurisdictional issue, court records show.

The CSX lawsuit claimed that city and state officials failed to take action despite being concerned that stray electrical current from the light rail was corroding the water main. CSX complained about expanding leaks from the water main into the Howard Street Tunnel and conducted a joint inspection with city officials before the 2019 flooding, according to the lawsuit.

The water mains were installed in the 19th century and were never replaced, according to the CSX complaint.

The water main broke on July 8, 2019, causing flooding in the Howard Street Tunnel that derailed a train. No one was injured in the derailment, The Baltimore Sun reported.

MTA continued running the light rail for seven hours after the tunnel flooded, according to CSX’s complaint, ultimately leading to the collapse of an underground “vault” that caused more damage to CSX property.

The break caused significant flooding near M&T Bank Stadium and led to traffic detours in the city’s downtown, The Sun reported.

Several city workers were trapped when the underground vault collapsed, and another was reportedly injured while conducting electrical work in connection with the water main break.

CSX submitted a claim to the city for $2.5 million to make up for the damage caused by the flooding, but the request was denied, according to the lawsuit.

The proposed settlement is included in the agenda for Wednesday’s Board of Estimates meeting. The city’s law department wrote that a settlement was recommended in order to avoid the expense and uncertainty of continued litigation.

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