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IN RE MIAMISBURG TRAIN DERAILMENT LITIGATION

No. 14014.

92 Ohio App.3d 304 (1993)

In re MIAMISBURG TRAIN DERAILMENT LITIGATION.

Court of Appeals of Ohio, Montgomery County.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Coolidge, Wall, Womsley & Lombard and Robert P. Bartlett; Lindhorst & Dreidame and James L. O'Connell, for appellants CSX Transportation, Inc. et al.

Waite, Schneider, Bayless & Chesley and Stanley M. Chesley; Ruppert, Bronson, Chicarelli & Smith Co., L.P.A., and James D. Ruppert; Gardner, Ewing & Souza and C. David Ewing; Ruschau, Lehman & Hobbs and Steve Ruschau; Hochman & Roach Co., L.P.A., and James Hochman, for appellees.

William V. Johnson and William A. Geiser, for Union Tank Car.

Freund, Freeze & Arnold and Gordon D. Arnold, for Union Tank Car.

Rendigs, Fry, Kiely & Dennis and W. Roger Fry, for Albright & Wilson and ERCO.

Armistead W. Gilliam, Jr., Special Master.

FAIN, Judge.

Defendant-appellant CSX Transportation, Inc., CSX Corporation and its underwriters appeal from a judgment of the trial court authorizing disbursal of a settlement fund of approximately $10.5 million on a pro-rata basis to certain plaintiff class members. The trial court found that the class members who had sustained non-economic damages had a superior equitable interest in the undistributed settlement fund...

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