The family of Robinson Lalin, dragged to his death by a Red Line train leaving Broadway station last April, today sued the MBTA, alleging recklessness and wanton misconduct.
In the suit, filed in Suffolk Superior Court, the family charges that while train's driver violated MBTA policies by failing to look out his window before he pulled out to ensure that nobody was in or near the train's doors, the MBTA also shares blame, in part because they employed the driver, in part because they let a train onto the tracks with a door system that should have kept the train from moving because the door Lalin's arm was trapped in had not fully closed:
The carelessness, negligence, and/or wilful, wanton, or reckless conduct of the defendant MBTA in causing the incident and Mr. Lalin's death ... included failing to properly inspect, maintain, repair, and monitor the subway cars and station, including the door and alarm systems of the cars; failing to timely replace and upgrade subway cars and take unsafe cars out of service so that the cars and trains were safe for use by the public, including Mr. Lalin; failing to monitor the station and platform to ensure that doors were closed and that all customers were free of the doors before moving the train; and failing to keep a look out and stop the train as Mr. Lalin was being trapped and dragged, and before he was injured and killed. The above acts and omissions were careless, negligent, wilful, wanton, and/or reckless, and constituted violations of MBTA's legal duties of care as well as its own written policies and procedures.
The suit adds:
Prior to his death, and while he was being trapped and dragged to his death by the MBTA train, Mr. Lalin's body was damaged and dismembered, and he experienced great pain of body and anguish of mind resulting in his conscious pain and suffering prior to his death.
The family is seeking a jury trial and appropriate damages.