the emergency response to catastrophic accidents
TRANSCRIPT
The Emergency Response to
Catastrophic Accidents
June 25, 2015
Hyatt Regency Greenville
Greenville, South Carolina
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The Emergency Response
to Catastrophic Accidents
C. Stuart Mauney, Attorney, Gallivan, White & Boyd, P.A.
Jennifer Eubanks, Senior Staff Attorney, Canal Insurance Company
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NS/Graniteville-What Happened?
January 6, 2005 at 2:10 a.m., train departs Augusta bound for Columbia
2 locomotives, 42 cars
Train included 3 chlorine tank cars
2:39 a.m., train diverted onto the industry spur at Avondale Mills and collides with stationary train
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NS/Graniteville-The Aftermath
9 Deaths
554 Transported to hospital
75 Admitted to hospital
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NS/Graniteville-Property Damage
Exposed metal
Electronics
HVAC
Automobiles
• _______________________
Avondale Mills
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Affected Metal Coins
115 Railroad Street
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Affected Doorknob
Field Studies
107 Railroad Street
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NS/Graniteville - The Evacuation
Homes and businesses within 1 mile radius
Over 5,400 people affected
Evacuation period 3-13 days
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NS/Graniteville Emergency Response
Crew notified Dispatcher
Dispatcher notified NS personnel
NS notified Sheriff at 2:39 a.m.
NS forwarded info to FD
Dispatcher called CHEMTREC
National Response Center notified
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NS/Graniteville Emergency Response
NS, Environmental Response Team
Center for Toxicology and Environmental Health (CTEH)
Numerous other contractors, consultants
NTSB concluded the execution of the emergency response was timely, appropriate, and effective
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Emergency Response
• Assemble The Team
Management – be visible
Safety Director
Regulatory compliance
Document control
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Emergency Response • Assemble The Team
Qualified Local Field Adjuster/Investigator
Accident Reconstructionist
Mechanical Engineer
Other Experts-Toxicologist/Chemical Modeling
Legal Counsel
Criminal Defense Attorney
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Emergency Response • “I Want To Hold Your Hand!”
• Comfort and support company employees
• Post-accident drug and alcohol testing
• Advise employees to be cooperative, helpful and respectful
• Statements
• Criminal charges
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Emergency Response • Commercial Vehicles
Cooperate with law enforcement
Establish dialogue with law enforcement
Identify everyone officer interviews
Identify everyone at the scene, even if not interviewed
Wrecker service and driver
Emergency personnel/EMS/fire department
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Emergency Response • Commercial Vehicles
Preserve and photograph damaged vehicle parts
Vehicle lights-filaments
Vehicle body parts and bumpers
Photograph motor carrier ID
VIN
Plate numbers
Placard
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Emergency Response • Commercial Vehicles
Obtain documents at the scene
Driver’s logs
Bills of lading
Tolls/fuel receipts
All trip documents
Accident Reconstructionist
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Emergency Response • Legal Counsel
Coordinate scene investigation
Protect against disclosure-attorney/client
The “team” reports through the attorney
Retain experts
Technical and legal expertise
Prepare/interview company employees
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Emergency Response
•Legal Counsel
• The attorney is the last person who will be standing between the company and the jury. Having that person conduct the investigation with the closing argument in mind is priceless.
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Emergency Response
• The Government
OSHA
EPA
NTSB
CSB (Chemical Safety Board)
FMCSA
DOT
Local Law Enforcement
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Emergency Response • The Government
Jurisdictional Turf Wars
Full Cooperation
Basic facts
Site visit
Employee interviews
Document requests
Tell The Truth!
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Emergency Response •The Government
•Anything you say can and will be used against you!
Lawsuits
Fines
Regulatory enforcement
Criminal prosecution
Coverage denials
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Emergency Response • The Government
Post-accident conduct is the leading cause of criminal prosecution in large loss cases
False statements
Misleading investigators
Destroying or altering documents
Obstructing a Government investigation
Encouraging others to mislead/lie or commit other post-accident crimes
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Emergency Response • The Government
• Witness Interviews
Right to counsel
Avoid written statements
Right to ask questions
Right to seek assistance
Avoid cause/fault issues
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Emergency Response - Documents
Designate document control team member
At the scene!
In the desk drawer!
On the computer!
ECM!
Everywhere!
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Emergency Response – Documents
What is spoliation?
Improper destruction of evidence
The negative inference
If a party fails to produce evidence within its control, the law presumes that, when produced, the evidence could operate against that party. This presumption serves to insure that a litigant’s rights are not impaired by another party’s improper destruction of relevant evidence.
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Emergency Response – Documents
When In Doubt, Keep It!
File Declaratory Judgment Lawsuit
Email/Blackberry/iPhones/Text Messaging
The Litigation Hold
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Emergency Response Doing What’s Right
Establish assistance center early
Argue liability later
Minimize inconvenience
Positive PR
Be visible
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NS/Graniteville-What Do You Say?
• The Media Circle
• And Descend On Graniteville
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NS/Graniteville-What Do You Say?
• Have A Message And Stick To It
Sympathy/compassion – injured and community
Cooperation – with Government agencies, law enforcement
Acknowledgment – inconvenience/hardship/loss
Focus on safety, security and environmental protection
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NS/Graniteville-What Do You Say?
What not to say
“No comment”
Detailed answers to questions
Discussions of cause/fault
Admissions
Focus on responsibility/fault later
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NS/Graniteville-What Do You Say?
Obtain names of photographers / reporters
Identify all media - print and television
Obtain copies of photos, video and broadcasts
•
Retain media relations/PR firm to monitor media
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NS/Graniteville – What Do You Say?
• “First, we are profoundly sorry. We will do everything within our power to ease the pain the situation has created for the residents of Aiken County.”
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NS/Graniteville
• PLAINTIFFS’ LAWYERS CIRCLE AND
DESCEND ON GRANITEVILLE
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NS/Graniteville-Fraud
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The Emergency Response
to Catastrophic Accidents
C. Stuart Mauney, Attorney, Gallivan, White & Boyd, P.A.
Jennifer Eubanks, Senior Staff Attorney, Canal Insurance Company
www.theclm.org
Q & A
C. Stuart Mauney
Attorney
Gallivan, White & Boyd, P.A.
Jennifer Eubanks
Senior Staff Attorney
Canal Insurance Company