Beausoleil v. Massachusetts Bay Transp. Authority

• Court: U.S. District Court — District of Massachusetts
• Writing for the Court: Wolf
• Citation: Beausoleil v. Massachusetts Bay Transp. Authority, 138 F.Supp.2d 189 (D. Mass. 2001)
• Decision Date: 30 March 2001
• Docket Number: No. C.A. 98-11503-MLW.,C.A. 98-11503-MLW.
• Parties: Cindy L. BEAUSOLEIL, Administratrix of the Estate of Danielle Beausoleil, Plaintiff, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY AND NATIONAL RAILROAD PASSENGER CORP., Defendants.

138 F.Supp.2d 189

Cindy L. BEAUSOLEIL, Administratrix of the Estate of Danielle Beausoleil, Plaintiff, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY AND NATIONAL RAILROAD PASSENGER CORP., Defendants.

No. C.A. 98-11503-MLW.

United States District Court, D. Massachusetts.

March 30, 2001.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Francis J. Lynch, III, South Easton, MA, Susan E. Sullivan, Lynch & Lynch, South Easton, MA, for Plaintiff.

Michael McCormack, Amy M. Soisson, McCormack & Epstein, Boston, MA, for Massachusetts Bay Transportation Authority.

Elizabeth Graham, Fitzhugh & Associates, Boston, MA, Thomas P. O'Reilly, Curtin, Murphy & O'Reilly, PC, Boston, PC, Terri-Lynne Neville, Round Rock, TX, Mark S. Landman, Landman, Corsi, Ballaine & Ford, New York City, for National Railroad Passenger Corp.

MEMORANDUM AND ORDER

WOLF, District Judge.

I. SUMMARY

Thirteen year-old Danielle Beausoleil was struck by an Amtrak train at the Massachusetts Bay Transportation Authority ("MBTA") rail station at Attleboro, Massachusetts while crossing the tracks on January 3, 1998. Compl. ¶¶ 4, 5, 15. As a result of head injuries she sustained, Danielle Beausoleil died on January 15, 1998. Id. ¶ 15. Plaintiff Cindy Beausoleil, administratrix of the estate of Danielle Beausoleil, filed suit against the MBTA and the National Railroad Passenger Corp. ("Amtrak"), asserting claims of negligence resulting in serious bodily injury against MBTA and Amtrak, negligence, gross negligence, and wilful, wanton, and reckless conduct resulting in death against MBTA and Amtrak. Compl. ¶¶ 16-27. Plaintiff seeks compensatory damages, id. ¶¶ 16-19, the fair monetary value of decedent including consortium and funeral costs, id. ¶¶ 20-23, and punitive damages. Id. ¶¶ 24-27.

Summary judgment is being granted in favor of defendants on Counts I and II of the Complaint, with the plaintiff's agreement, because Danielle Beausoleil suffered no conscious pain and suffering from the moment of impact. See Apr. 7, 2000 Tr. at 3. Summary judgment is being granted to defendants on plaintiff's negligence claims in the remaining counts because Danielle Beausoleil was trespassing over the tracks at the Attleboro station and, therefore, defendants are only liable if they engaged in wilful, wanton, or reckless conduct that caused her death. Defendants' motions for summary judgment on plaintiff's claims of wilful, wanton, or reckless conduct are being denied because plaintiff has submitted sufficient evidence that the defendants engaged in reckless conduct to require trial on this issue.

II. THE SUMMARY JUDGMENT STANDARD

The court's discretion to grant summary judgment is governed by Federal Rule of Civil Procedure 56. Rule 56 provides, in pertinent part, that the court may grant summary judgment only if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). In making this assessment, "the court must look at the record in the light most favorable to the party opposing the motion and must indulge all inferences favorable to that party." Stepanischen v. Merchants Despatch Transp. Corp., 722 F.2d 922, 928 (1st Cir.1983); Attallah v. United States, 955 F.2d 776, 779 (1st Cir.1992); Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

In determining the merits of a motion for summary judgment, the court is compelled to undertake two inquiries: (1) whether the factual disputes are genuine, and (2) whether any fact genuinely in dispute is material. Anderson v. Liberty Lobby, 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). "As to materiality, the substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law properly preclude the entry of summary judgment." Id. To determine if the dispute about a material fact is "genuine," the court must decide whether "the evidence is such that a reasonable [factfinder] could return a verdict for the non-moving party." Id.; see also Medina-Munoz, 896 F.2d at 8; Oliver v. Digital Equipment Corp., 846 F.2d 103, 105 (1st Cir.1988).

III. FACTS

Unless otherwise indicated, the following facts are not in dispute.

On January 3, 1998, Danielle Beausoleil and two friends took MBTA train number 1811 from the Mansfield, Massachusetts station to the Attleboro, Massachusetts station. Compl. ¶ 4. She exited the train on the westbound (or outbound) platform adjacent to track 1. Amtrak Police Report Diagram, Amtrak's L.R. 56.1 Statement of Undisputed Facts in Supp. Of Def.'s Mot. For Summ. J. ("Amtrak Statement of Facts"), Ex. 6; Attleboro Police Diagram, Amtrak Statement of Facts, Ex. 7. Three sets of tracks ran through the Attleboro station: Track 1 ran beside the outbound platform where Danielle exited the train; Track 2 was the middle track; and Track 4 ran adjacent to the inbound platform. Id. Danielle intended to meet friends in the parking lot beyond the northbound platform, across the three tracks from the southbound platform where she exited the train. Deposition of Rose Fitzgerald ("Fitzgerald Dep.") at 28.

Intertrack fences ran between tracks 1 and 2, and between tracks 2 and 4. However, the fences did not run continuously throughout the length of both platforms. Instead, they overlapped for thirty-nine feet and, therefore, did not physically preclude passengers from crossing the tracks. By traversing an "S"-shaped path, passengers could walk along one track, around the end of one fence, proceed in the opposite direction, round the second fence, and then pass over a third track. According to the MBTA, the staggered fencing accommodated railroad switching maneuvers and inspection and maintenance of the tracks by authorized employees. MBTA Answer to Interrogatory No. 24, Amtrak Statement of Facts, Ex. 12. A pipe rail fence separated the three tracks from the inbound platform. Deposition of Paul Meade ("Meade Dep.") at 61-67.

No planking or other material covered the gravel between the rails to suggest an authorized crossing between the tracks. A conspicuous yellow strip with the words "STAND BACK" was located at the edge of the platforms. Photographs of Attleboro Station, Amtrak Statement of Facts, Ex. 8. In addition, signs were posted along the intertrack fences stating: "DANGER: WALKING ACROSS TRACK IS FORBIDDEN," "WARNING — HIGH SPEED TRAINS — STAND BACK," AND "DANGER —HIGH SPEED TRAINS — DO NOT CROSS TRACKS." Attleboro Police Report, Amtrak Statement of Facts Ex. 7; MBTA's Answer to Interrogatory No. 25, Id. Ex. 12. Stairs led from the platform levels to a pedestrian underpass providing safe passage from one platform to the other. Photographs of Attleboro Station, Amtrak Statement of Facts, Ex. 8.

Danielle's companion Rose Fitzgerald testified that it was too dark to see the signs along the fences when they arrived at Attleboro station. Fitzgerald Dep. at 42. However, another passenger who got out of the train at the same time as the three girls, and who also traversed the tracks along the same path, testified that he did see warning signs on the fences. Deposition of Michael Maglio ("Maglio Dep.") at 45.

According to Fitzgerald, the three girls looked around for the pedestrian underpass, and because they could not find it, proceeded across the tracks behind all of the other passengers who had just exited the train. Fitzgerald Dep. at 18-19, 26-27. The girls passed over track 1 and walked to the end of the first intertrack fence, but did not immediately go around it and start walking in the opposite direction along track 2 because, Fitzgerald testified, they could not see the gap in the second intertrack fence between tracks 2 and 4. Id. Ex. U, at 26. As a result of their initial inability to see the second fence, the girls had to walk east "[q]uite a few yards" more than they would have if they had followed the shortest possible S-shaped route through the tracks.¹ Fitzgerald Dep. at 31; see also Amtrak Police Department Diagram, Amtrak Statement of Facts, Ex. 6. Once they could see the opening in the second fence, they headed West along track 2 between the first and second fences to go around the second fence. Fitzgerald Dep. at 30-34.

After walking about half of the remaining length of fence, Fitzgerald noticed the approaching Amtrak intercity train traveling on track 2. Fitzgerald Dep. at 33-34. The girls ran towards the end of the fence but the train hit Danielle, knocking her unconscious. The Amtrak police recorded the time of the accident as 5:38 p.m. Amtrak Police Department Incident Worksheet, Amtrak Statement of Facts, Ex. 6.

Michael Finn, the engineer driving the Amtrak train that killed Danielle, testified that if he saw people on the tracks he "would make noise. If they are not moving out of the way, I would try to reduce the speed." Deposition of Michael Finn ("Finn Dep.") at 187. The engineer also testified that he blew the train's horn and activated the emergency brakes within seconds of first seeing the girls on the tracks about 100 feet in front of the train. Finn Dep. at 220. Finn stated that a few seconds before seeing the girls on the tracks he had seen two boys on the platform of the station. Id. at 217.

Finn was aware that a commuter train was scheduled to drop passengers off at the Attleboro station shortly before he was to go through it. Fin Dep. at 217; Meade Dep. at 114. Finn also testified that he knew that the passengers who were dropped off at the Attleboro station crossed the tracks "all the time." Finn Dep. at 117. Thus, Finn says, he sounded the train horn some distance east of the station. Id. at 114. Finn also said that he applied the emergency brake some time after sounding the horn, upon seeing two passengers on the track. Id.

The plaintiff has...