HOUSTON - A lawsuit alleging the Union Pacific Railroad Company knowingly contaminated residential neighborhoods in Houston with creosote, a probable carcinogen, will continue.
Today, the 14th Court of appeals affirmed a trial court ruling denying Union Pacific’s motion to dismiss the plaintiffs’ property-damage claims under the Texas Citizens Participation Act
The plaintiffs in the suit allege that as a result of exposure to toxic chemicals used, stored, and improperly dumped at Union Pacific’s rail yard, they have suffered injuries in the form of cancer, death, and property damage caused by contamination, according to the 14th Court’s opinion.
On appeal, Union Pacific argued that the trial court should have dismissed each of the plaintiffs’ claims to the extent they are “property-damage claims” because they are based on or in response to the company’s exercise of the rights of free speech, association, and petition, the opinion states.
Justices held that the plain language of the statute indicates that if the claim seeks recovery for bodily injury, wrongful death, or survival, then the TCPA does not apply, and that “it does not matter that the claim could also result in recovery of damages that arguably fall outside the meaning of ‘bodily injury.’”
“Union Pacific’s issue is overruled regarding appellees’ negligent misrepresentation claim because the claim seeks recovery for bodily injury, wrongful death, and survival,” the opinion states. “Union Pacific’s sole issue is overruled. The trial court’s order denying Union Pacific’s motion to dismiss under the TCPA is affirmed.”
Appeals case No. 14-20-00308-CV