The Herald, Sharon, Pa.

Local News

February 26, 2008

Judge denies adding defendant to Trinity suit

By Monica Pryts

GREENVILLE — Trinity Industries Inc.’s request to add another defendant to its lawsuit against Commerce Park of Greenville has been denied.

U.S. District Judge Arthur J. Schwab, Pittburgh, on Tuesday denied Trinity’s request to file a second amended complaint that would add the parent company of the former Greenville Steel Car Co. to the lawsuit.

Schwab’s order said the request was untimely, as amendments to the lawsuit were due by Nov. 30. Trinity didn’t provide sufficient reasons for the tardiness of the request and the company was already allowed to amend the complaint once to add more information, he said.

Trinity’s attorney, Leonard Ambrose of Erie, did not return a message Tuesday.

Steel Car changed its name to Greenlease Holding Co. in 1986, when Trinity bought the property, according to court documents filed Feb. 15 by Trinity.

Trinity had asked U.S. District Court to add Greenlease and its parent company, Ampco-Pittsburgh Corp., to the lawsuit in which Trinity claims it’s not the only company responsible for cleaning up hazardous waste at the site of its former railcar plant.

According to Trinity’s court documents, Trinity has been investigating activities that occurred at the property before they bought it. Steel Car operated a railcar manufacturing facility there from 1922 until 1986.

Trinity believes that during that time, Steel Car used products and chemicals that included hazardous substances, which were dumped on or at the property and may continue to contaminate the site, making them responsible for helping with the cleanup.

In early 2006, Trinity was charged by the state Attorney General’s office for illegally dumping hazardous waste at the railcar site.

A plea agreement reached in December 2006 ordered Trinity to clean up the site and pay $254,502 in fines and court costs and make a $50,000 contribution to nonprofit organizations in Mercer County, all of which have been paid.

On June 28, Trinity sued Commerce Park and its director, William E. Marsteller, which bought Trinity’s north plant in 2004, saying they dumped hazardous materials when they demolished structures on the property.

Commerce Park has said the park and Marsteller aren’t liable for hazardous materials found at the site and not responsible for helping Trinity with the cleanup.

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