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Train derailment lawyer coached witness, report says

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The lead attorney for plaintiffs in the Paulsboro train derailment case was kicked out of court for coaching a witness. Watch video

CAMDEN -- An attorney representing Paulsboro residents in civil cases against Conrail stemming from the 2012 train derailment and chemical spill in the borough was kicked out of court for leading a witness, according to reports.

A paralegal for the defendants overheard Mark Cuker -- the lead attorney in the dozens of cases against the railroad company -- telling one of his clients that he would touch his eyeglasses if she were rambling on the witness stand. Cuker admitted to the allegation and U.S. District Judge Robert Kugler ordered him to leave the courtroom, according to the New Jersey Law Journal.

The instructions to Kristen Pickel, the wife Ronald Morris -- of the plaintiff in the case -- were made during a break in the trial and in the courtroom.

Despite a motion for mistrial from Conrail, the trial continued without Cuker and the jury found for Morris, awarding him $500 in damages for injuries he suffered after exposure to vinyl chloride.

The 2012 train derailment took place over a century-old swing bridge and caused vinyl chloride -- a dangerous chemical used in the production on plastics --throughout Paulsboro. Hundreds of residents had to be evacuated for nearly two weeks. Dozens of lawsuits have been filed against Conrail and Norfolk Southern, the owners of both the train and the bridge. 

Judge Kugler reportedly told Cuker he had to leave the courtroom and that he could not have any contact with the witnesses in the case, or even his cocounsel in regards to the case.

"This is self-inflicted. You have no idea how angry I am. So please leave the courtroom," the Law Journal reported Kugler said in court.

The judge also said he would be reporting the incident to the ethics authorities.

 Rebecca Forand may be reached at rforand@njadvancemedia.com. Follow her on Twitter @RebeccaForand. Find the South Jersey Times on Facebook.


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