Harvey Peeler

Spartanburg County leaders are hopeful children again will be playing at Cleveland Park at some point in 2012, although there are no set plans to get the park’s miniature train running again.

It’s been nearly 10 months since the train ride that’s run around the park for decades derailed, killing a 6-year-old Gaffney boy and injuring 28 others on board, including the driver. Although excessive speed was determined to be the cause of the wreck, broader safety concerns have stopped county leaders from re-opening the ride.

Parallel to safety fixes and improvements at the park itself are the legal battles working their way through the courts and state legislature to help families impacted by the deadly crash to pay piling medical bills. Those in the midst of the fight hope 2012 will bring some resolution.

The Parks Enhancement Plan
Playground equipment at Cleveland Park removed in May hasn’t been replaced yet as parks officials say drainage and erosion issues must first be addressed. The park, just off Asheville Highway, is one of 13 parks facilities that will be included in a “Parks Enhancement Plan” that will go out for bid to designers this month.

Interim Parks Director Jim Campbell explained that the plan will address cases of “deferred maintenance” at various parks, ranging from painting to more serious erosion issues. Campbell said the county must also address federal accessibility guidelines that many parks don’t currently meet.

Campbell said that about $60,000 was allocated for the design process, and he hopes to have a plan to present to County Council by late February.

“We’re committed to doing it right, and we’re committed to giving people in Spartanburg the best possible park experience that we can afford,” Campbell said. “We’re trying our best to provide a degree of equity so more people across the county have access to decent quality parks by investing money in those parks to make them better.”

At Cleveland Park, specifically, designers will look at ways to access the play area without putting children and parents in harm’s way by crossing a train track, as has been the case. Campbell said one possible concept is to build a bridge and ramp system that goes over the track.

Designers must also look at the safety of the train, tracks and trestle. Campbell said he’d like to see the county subcontract with the rail sciences firm that was hired last spring by the Spartanburg County Coroner’s Office to investigate and determine the cause of the March wreck.

Priority in the enhancement plan will be given to Cleveland Park. Campbell said he plans to utilize another $100,000 that is available in the Parks Department operating budget to begin work at that park once plans are in hand. At earliest, Campbell said children could be back on playground equipment by summer.

Running the train again
Spartanburg County Council Chairman Jeff Horton said that while the county is committed to reopening the Cleveland Park play area as quickly and safely as possible, there is no time frame on putting the miniature train back on the tracks.

“It’s still a very touchy subject for what occurred. We won’t open that train until everyone’s comfortable it is safe and nothing could possibly happen like what happened in March,” Horton said. “It’s hard to say when it will open or whether it will open again. No one in county government wants it open before it’s as safe as it possibly can be.”

The South Carolina Department of Labor, Licensing and Regulation has given the OK for miniature trains to run again after a brief state-wide shutdown after the Cleveland Park wreck, but trains must be re-inspected and fitted with a governor to control speed.

Benji’s Law, other legislation
In June, the state Senate unanimously approved a bill to further stiffen the regulation of miniature trains. Senate Majority Leader Harvey Peeler, R-Gaffney, was the primary sponsor of the legislation known as Benji’s Law, named for the 6-year-old boy who died after the derailment. Benji was the son of Corinth Baptist Church pastor, Dwight Easler, who was on the train that day, along with his wife and two other children.

The Gaffney church is home to 15 of the 29 people who were on the train when it derailed.

Benji’s Law would require miniature trains to have working speedometers and devices that would limit speed to the manufacturer’s recommendation or less. It also requires training for drivers and documentation of that training, as well as mechanical inspections of the trains.

The House will take a look at the bill in 2012.

“I don’t anticipate that having a problem passing,” Peeler said.

The more difficult task, Peeler said, is passing a bill that would cover mounting medical bills of families impacted by the derailment. A provision in the state’s Tort Claims Act limits damages assessed against the state and its subdivisions to $300,000 per individual or $600,000 per case.

The $600,000 total would be divided among all those hurt in the derailment, which Peeler acknowledged doesn’t begin to scratch the surface of the medical costs.

Peeler sponsored a bill that challenges the Tort Claims Act. It’s still in judiciary committee, and Peeler said he hopes to get a hearing early in the next session.

Even tougher, Peeler said, is seeing that a change in law would be retroactive to help the Cleveland Park families.

“Any right thinking person would agree the children of the Cleveland Park train tragedy should at least have their medical bills paid,” Peeler said. “The key is to keep attention on the issue and not let it fall by the wayside. It’s something that’s very, very important to our area in particular.”

Pending lawsuits

At least two lawsuits have been filed by families involved in the derailment.

Greenville attorney Michael Parham is representing Gaffney resident Misti Harris, whose two sons, Camden, 9, and Morgan, 5, were seriously injured in the crash.

Parham said medical bills are approaching $1 million for the Harris children alone. Morgan had two brain surgeries after the crash, and Camden has endured multiple surgeries on a leg that was nearly severed.

No resolution this year?
Parham said he doesn’t expect Harris’ case to be resolved in 2012, but he does foresee a series of hearings and various other motions to further the process. Parham said he intends to challenge the constitutionality of the Tort Claims Act and said he believes the $600,000 cap should be interpreted as being per person, not per incident.

“I do not anticipate there will be any way in which the action will be concluded during 2012 unless your legislators, house members and senators caucus together and attempt to pass not a change to the South Carolina governmental Tort Claims Act but pass a separate appropriations bill to cover the injuries and damages that these families and children have suffered,” Parham said. “I think there is nothing more unfair, unjust, just absolutely inhumane than allowing this state to mangle its citizens and get away with it.

Courtesy of Spartanburg Herald Journal