DURANGO, Colo. — A trial in which more than 30 property owners and businesses are seeking damages from the Durango & Silverton Narrow Gauge Railroad over a 2018 wildfire has been delayed, the Durango Herald reports.
The civil lawsuit was delayed by 6th Judicial District Judge Suzanne Carlson to Aug. 29 because of ongoing negotiations between the railroad, parent company American Heritage Railways, and the federal government in a separate case. In that lawsuit, the government is seeking reimbursement of $25 million in costs related to fighting the 416 Fire, which burned more than 50,000 acres in 2018. After delays related to the COVID-19 pandemic, that trial is set for May [see “Trial set for May to determine Durango & Silverton responsibility …,” Trains News Wire, Jan. 4, 2022].
An attorney for American Heritage Railways said during a hearing last week that the negotiations with the government would affect the civil trial. That lawsuit, filed in September 2018, says errors and negligence by the Durango & Silverton led to the fire. The plaintiffs seek reimbursement for damage from smoke, mudslides, flooding, and indirect costs such as lost business.
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