The Massachusetts Bay Transportation Authority (MBTA) is a semi-public entity, but that does not mean it is relieved from being held accountable when injuries to the public occur.
Early morning on April 10, 2022, a 39-year-old Dorchester man, Robinson Lalin, died at Broadway Station when his arm got stuck in the door of an MBTA Red Line subway and he was dragged to his death. Once the doors shut and entrapped his arm, the train pulled away from the station dragging him along the platform. The public event caused Mr. Lalin to suffer gruesome and fatal injuries.
An investigation into this accident and what went wrong is underway by The National Transportation Safety Board.
This is a wrongful death case. In Massachusetts, damages that may be claimed in a Wrongful Death action include:
- medical and funeral expenses
- loss of reasonably expected net income
- conscious pain and suffering of the decedent
- loss of support, services, society and companionship
- punitive damages
In order to qualify for punitive damages, Mr. Lalin’s death must have resulted from either gross negligence or willful and wanton conduct.
The Boston Globe reported on April 13, 2022 that this is not the first time the MBTA has reported passengers getting stuck in the train doors. According to the Globe there are at least five (5) similar incidents, that we know about, before Lalin’s death. If a jury finds such prior events put the MBTA on notice and amount to gross negligence, the MBTA can be held responsible for punitive damages.
A thorough investigation will uncover whether Mr. Lalin’s death was predictable and preventable. Undoubtedly, there will be a public investigation as well as a civil investigation if the family hires a lawyer to prosecute the case and to conduct discovery into what, if anything, should have been done to prevent this tragic occurrence.
If your family wants to consult with a lawyer about a potential wrongful death action, please call DILLER LAW for a free consultation.
Contact our lawyers at (617) 523-7771.