Hale v. Coleman No. 08-50820

http://www.ca5.uscourts.gov/opinions/unpub/08/08-50820.0.wpd.pdf

Facts:  Train crash, release of chlorine gas, people trapped in car.

From Fifth Circuit Reporter:

The Hales [plantiffs] reported the crash to a 911 operator and called again at 6:00 a.m. to report that they, along with their brother in law, were having serious trouble breathing because of the chlorine gas and were attempting to evacuate in their vehicle but were prevented from leaving because the road was blocked by a neighbor's locked gate. Rescue attempts by SWFD personnel, including the Harrises and Scraper, and private rescuers, including the Hales' son, were prevented by Bexar County Sheriff's Office ("BCSO") representatives. The Hales eventually were rescued by San Antonio Fire Department ("SAFD") personnel at around 11:30 a.m. At that point, Mary Hale was almost unconscious. Her brother-in-law died a few months later. Wayne Hale's mother and step-sister, who lived next door, were dead when help arrived.

Result:  no liability.