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Woman sues MBTA for nearly fatal injuries after she fell under a Green Line trolley that had started pulling out of a stop in 2023
By adamg on Sun, 12/08/2024 - 2:19pm
An Amesbury woman who suffered a fractured skull and pelvis and had to have part of her leg amputated due after falling under a Green Line trolley in 2023 that had begun pulling out of BU Central last week sued the MBTA for negligence, saying the operators of the two-car train failed to check to make sure the outside of the train was clear before starting to leave the stop.
In her lawsuit, filed in Suffolk Superior Court, Ava Harlow says she is already facing $1.3 million in medical costs related to her immediate and long-term care after the Jan. 27, 2023 incident.
Harlow, at the time a Bridgewater State University student, was getting off the trolley with friends at BU Central around 11:30 p.m. when she realized a couple of her friends were still on the trolley and began banging on the window to get them to try to get off.
But the the suit alleges:
While she was so engaged, the operator started the train. This caused her to lose her balance and fall underneath the train, where she became trapped. As a result of failing underneath the train and being struck by it, Ms. Harlow suffered extensive severe injuries.
The complaint says the driver - and the T employee in the second car - were negligent in:
[S]tarting the train and pulling away before she was safely clear of the train and failing to promptly stop the train before she was injured, including, but not limited to, the failure of the operators of both the lead and trailer trolleys to make necessary observations and take necessary precautions to prevent the train from starting until Ms. Harlow was clear of the train.
Complete complaint (1.7M PDF).
Complete complaint - includes statement of medical expenses (789k PDF).
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Comments
Pay the victim
Do you really think the MBTA stands a chance of winning this case if it goes to a Suffolk County jury.
yes, because she will be seen as a suburban blow-in
who came into town to get drunk and rowdy.
Yes, that’s the first image that comes to mind.
Whether true or not.
However, she didn’t deserve to be injured and the T has a responsibility for safety.
A good jury or judge will consider that.
Both could be negligent
She put herself in danger - stayed close to the train, banged on the windows when her friends would not have been able to get off anyway, didn't stand clear. This isn't like that horrifying red line incident where the guy's clothes got caught.
On the other hand, the operators may have failed to do the requisite safety checks that also protect people with limited mobility that need a little extra time to clear the train or protect people who may have stumbled exiting the train. They may also have some blind spots that need attention or cameras to visualize the entire length of the train.
Name
Harlow or Holbrook??
Harlow
Fixed.
She was banging on the MBTA window
She was banging on MBTA rolling stock. Not because she was in danger. Not because another person was in danger. Because a friend was in danger of having to double back a few hundred yards because of a missed stop.
It's terrible for Ms. Harlow. I'm really sad for her. But is it the fault of the T? Should the T be coughing up the dough? I'm not so sure.
According to the report …
… the train was not moving when she began banging on the window. Not clear if she continued after the operators put the train in motion.
Sadly, there's precedent
I encourage you all to look into the tragic case of Georgia Varley for an example of what can happen when drivers decide that leaving a station is more important than opening the door for a passenger banging on the side. When you were the operator of a multi-ton vehicle, you are the one who has to make sure that the envelope of that vehicle is clear for movement, especially when your job involves transporting intoxicated people.
Thanks. I did.
A case of employee burnout leading to a cynical attitude and horrible consequences, is how it comes across to me.
Whoever may have supplied that teenager with too much booze and drugs also holds some responsibility.
This is a tragedy
She shouldn't have been banging on the windows, and put herself in harm's way. But because the underlying philosophy of our country is "every man for himself", she has to sue the T in order to be able to afford to cope with the consequences of her injuries.
The lawyers on both sides will make out very well, and they're essentially parasites.