Facts

One October 2002 afternoon, Xian Cai Ma, 86, walked onto the tracks at a San Francisco Bay Area Rapid Transit District (BART) train stain. She was hit and killed by a train. There was no explanation for why she entered the tracks.

PLAINTIFFS' CONTENTIONS:
The adult children of Ma sued BART, its train operator, and station agent for negligence. The plaintiffs theorized that Ma used an unlocked staircase, which was for BART track workers only, to cross the tracks but could not escape once the train came. The plaintiffs alleged BART failed to adequately train their employees for emergency responses and the employees failed to lock a gate that led to the train tracks.

The plaintiffs' counsel asserted that the train operator should have seen Ma and stopped. Counsel further asserted that the station agent failed to follow district policies regarding person-on-track emergencies by not using the emergency red phone to contact personnel after she was told that Ma was on the tracks. The plaintiffs' counsel claimed that the red phone would have instantly connected her to appropriate support. Instead, the station agent used an internal line but hung up before speaking to anyone (the defense asserts that the station agent hung up when she saw a train approaching on the monitor).

DEFENDANT'S CONTENTIONS:
BART claimed that as a governmental agency, it is immune from claims regarding inadequate staff training, design defects and other issues. It alternatively argued that its employees responded to the situation appropriately. BART contended that the train operator was attentive and that the station agent hung up the phone to run up to the tracks and wave down the train operator. The defense further contended that Ma was negligent for illegally being on the train tracks.

Damages

The plaintiffs sought $18,000 for funeral and burial expenses. They also requested an unspecified amount for loss of care, comfort, and society.

Result

The train operator and station agent were dismissed before service of the complaint. The plaintiffs pursued their case against BART only. The jury returned a defense verdict.

Deliberation

1.5 days

Poll

11-1 (as to station agent), 9-3 (as to train operator)

Length

12 days