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May 03, 2005 10:11 PM Eastern Time 

CORRECTING and REPLACING Proposed Class Action Settlement Reached Arising from Norfolk Southern Train Disaster in Graniteville, S.C.

MT. PLEASANT, S.C.--(BUSINESS WIRE)--May 3, 2005--Please replace the release with the following corrected version due to multiple revisions.

The corrected release reads:

“This settlement is not intended to resolve the claims for the families of the victims who died as a result of the chlorine exposure nor the individuals who suffered extensive direct exposure that resulted in hospitalization or medical treatment.”

PROPOSED CLASS ACTION SETTLEMENT REACHED ARISING FROM NORFOLK SOUTHERN TRAIN DISASTER IN GRANITEVILLE, S.C.

Proposed Settlement Provides Relief for Persons with Claims Related to Property Damage, Evacuation and Minor Personal Injuries from January 2005 Chlorine Spill

Motley Rice LLC today announced that it has participated in the negotiation of an agreement in principal by way of a Class Action Settlement with Norfolk Southern for the real property and personal property claims for the citizens of Graniteville, South Carolina, as well as compensation for the evacuation and minor injuries resulting from the January 6, 2005 derailment in Graniteville.

"We are pleased to be able to participate in bringing some prompt economic relief to this community. We are pleased to see the railroad coming forward and working in good faith with us to provide the unfortunate victims of this derailment with a basis for economic recovery without delay and without the necessity of long drawn out litigation," Joe Rice, the Motley Rice Member who led the negotiations stated. "From the beginning it has been our goal with this Class Action to ensure that anyone affected by the derailment and the chlorine spill get the help they needed and get it quickly. We are pleased that this settlement has been reached."

The proposed Class Action Settlement will provide compensation to owners of any real and personal property located in the evacuation zone at the time of the derailment that suffered damage from exposure to chlorine that have not already been compensated by Norfolk Southern. In addition, it will compensate each household that was subjected to the evacuation with a lump sum payment and each individual who suffered minor physical injury that did not require medical treatment.

All of the compensation will be paid by Norfolk Southern through a claims process that will be administered by a court-appointed Special Master and each of the citizens of Graniteville will be entitled to have assistance from Class Counsel.

Rice stressed that, "This settlement is not intended to resolve the claims for the families of the victims who died as a result of the chlorine exposure nor the individuals who suffered extensive direct exposure that resulted in hospitalization or medical treatment."

Motley Rice will continue to work with the citizens of Graniteville and its clients who suffered the significant injuries as well as with the railroad to seek resolution of these claims in the near future. However, at this time the proposed Class Action Settlement will not address those claims. The parties anticipate the Court will set a notice procedure and hearing procedure that will allow this settlement to move forward within the next thirty to sixty days.

"I commend the railroad for their willingness to step up and assume responsibility. I am hopeful that this settlement will allow my fellow Graniteville citizens to make quicker steps towards recovery and put this tragic experience behind them. Many people in this community were seriously injured and will need additional help, but we are surely headed in the right direction," expressed attorney, Baylen T. Moore who is representing individuals injured during the derailment.

Motley Rice would like to thank Sheriff Hunt for assisting the parties in ascertaining the facts concerning the time and scope of the evacuations.

For more information on the Graniteville, South Carolina class action, or on transportation litigation, please contact Motley Rice directly at 1-800-967-0768.

About Motley Rice LLC

Motley Rice LLC is one of the nation's largest plaintiffs' litigation and transportation disaster firms. Motley Rice attorneys have gained global recognition for their pioneering work on behalf of asbestos victims, the State Attorneys General in their landmark litigation against Big Tobacco, and the 9/11 families in their groundbreaking lawsuit against terrorist financiers. Motley Rice attorneys continue to seek justice in the areas of: catastrophic injury; complex case resolution; consumer and commercial fraud; environmental hazards and contamination; medical negligence and defects; occupational disease and toxic torts; and transportation defects and mass disasters. For more information on Motley Rice LLC visit http://www.motleyrice.com.

Contacts

Motley Rice LLC
Sally W. Comollo, 843-216-9121
SComollo@motleyrice.com
http://www.motleyrice.com

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