Richmond, Va. — A group of residents from a private island enclave along the Henrico riverfront have launched a $2 million lawsuit against CSX, alleging the rail company has neglected its duty to maintain a crucial bridge, the only access route to their homes.
The plaintiffs, including notable local figures such as Bradford Sauer of the Sauer spice fortune and Thomas Gottwald, CEO of NewMarket, assert that the Kanawha Canal Bridge has fallen into disrepair, posing significant risks to both public safety and the usability of the island. The bridge, a critical piece of infrastructure for these residents, spans about 75 feet across the canal providing exclusive access to their homes.
This legal conflict was triggered by a significant finding by infrastructure firm Moffatt & Nichol, commissioned by Sauer in 2022, which highlighted the bridge’s dire condition. The report indicated that the bridge’s piles were in “critical condition” and questioned the safety of its continued use. Despite bringing these concerns to CSX, the residents claim that the company has failed to carry out necessary repairs.
Dating back to the 1780s, the construction of the Kanawha Canal led to the formation of the island. A legal stipulation from 1832 mandated that the owner of the canal must maintain the bridge, a responsibility that purportedly fell to CSX following various business transactions since the 19th century.
The original bridge was destroyed in a 1985 flood, after which CSX reportedly built a makeshift replacement using wooden planks on an abandoned railway trestle. Since then, residents have accused CSX of neglecting the structure since 2004, even though it is regularly used to access the nearside railroad for repairs.
In response to the deteriorating condition of the bridge, and a lack of action from CSX despite multiple communications, the residents felt compelled to file the lawsuit. They argue that the bridge’s poor condition poses a danger not just to them but also to CSX’s own staff who use the bridge frequently.
The legal filing not only requests necessary repairs but also suggests several outcomes including the appointment of a three-person panel to assess the situation further, and monetary damages amounting to $2.5 million for repairs they would undertake themselves.
In a court filing dated April 4, CSX indicated plans to commence bridge repairs within 30 days, hoping to complete them within the subsequent two months. This was communicated after the lawsuit was filed, potentially indicating the impact of legal pressure on CSX’s decision-making.
As the legal process unfolds, both parties appear poised for discussions that might hasten a resolution. The potential repair work by CSX might indeed reduce the scope of the dispute or provide a new basis for negotiating a settlement.
The attorneys representing both sides have refrained from public comments while the case is active. The defendants also include other residents and related business entities who share the access infrastructure or have stakes in the surrounding area.
This scenario underlines ongoing concerns about infrastructure maintenance and responsibility, especially when private access ways are involved, highlighting the complexities that can arise in such situations.
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