COMMONWEALTH OF MASSACHUSETTS. SUFFOLK, SS. | SUPERIOR COURT | DEPARTMENT OF THE TRIAL COURT B3-005Qy E CHRISTOPHER LAL|N AND KELVIN LALIN, CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBINSON LALIN GUITY, | | «Plaintiffs, 1 | vw MASSACHUSETTS BAY TRANSPORTATION, AUTHORITY, 2 ans Hus79 AK betel i sy ldld0 54 _ A8nOS toners YHA COMPLAINT lvuisioyy 202.4 1- wn ay The Parties | .. 1... The plaintiff, Christopher Lalin, Co-Personal Representative of the Estate of Robinson Lalin Guity, resides at 615 North Emory Street, Wilmington, County of New Hanover, State of North Carolina. 2. The plaintiff, Kelvin Lalin, Co-Personal Representative of the Estate of | | Robinson Lalin Guity, resides at 121 Glendale Street, Apt. 1, Everett, County of Middlesex, Commonwealth of Massachusetts. | ' 3. The defendant, Massachusetts Bay Transportation Authority, is a body corporate and politic ¢stablished under the laws of the Commonwealth of Massachusetts, and at all material times was a common carrier, transporting members of the public, with the lisual place of business at 10 Park Plaza, Boston, Coinnty of i Suffolk, Commonwealth of Massachusetts.4. Onorabout, April 10, 2022, at the Broadway MBTA Station in Boston, The Facts MA, while he was lawfully on the premises and in the exercise of due care, plaintifs’ decedent Robinson tn Guity (Mr. Lalin"), was dragged to his death by a Red Line subway train owned ha operated by the defendant Massachusetts Bay Transportation Authority (*MBTA") | 5. . The incigent and Mr. Lalin’s death as described in the preceding paragraph were caused by the carelessness and negligence of the defendant MBTA, its agents, servants, andlor employees. 6. The incident and Mr. Lalin's death as aforesaid occurred when Mr. Lalin’s arm became trapped in the doors of the subway car he was exiting. The operator of the train, an agent andlorjemployes of the defendant, then negligently, wilfully, wantonly, andlor recklessly failel! to confirm the platform and subway doors were clear of passengers before pulling the train away from the station, while dragging him to his death. Upon information and belief, these failures were in direct violation of MBTA policies and procedures, including but not limited to "careful observation that no person is entering or leaving the car by any door, before closing the same”..."by leaning out beyond the side of the car to see that no one is in a position to be struck by closing doors! | 7 The carelessness, negligence, and/or wilful, wanton, or reckless conduct of othe defendant cal in causing the incident and Mr. Lalin’s death as aforesaid iicluded 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 ' | I | 2 1 | |upgrade subway cars! and take unsafe cars out of service so that the cars and trains I were safe for use by the public, including Mr. Lain; falling to monitor the station and platform to ensure thet 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 arid 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 Cuties of care as well as its own written policies and procedures. 1 8 Prior to his death, and while he was being trapped and dragged to his death by the MBTA tein, Mr. Lalin’s body was damaged and dismembered, and he experienced great bah of body and anguish of mind resulting in his conscious pain and suffering prior to his, death. 9. | Mr. Lain’s death resulted in economic damages, including medical and funeral expenses, lost wages, and lost earning capacity 10. Mr. Lalin left surviving him next of kin, including two children, Christopher Lalin and Ariana tat ; 11. All notices necessary by law have been given to the MBTA, and the MBTA has failed to respond ia any fashion : Causes of Action (Each Cause of Acta Specifically Incorporates by Reference Alll of Those Paragraphs ' Previously Set Forth)First Cause of Action! 12. This is én action by plaintiffs, Christopher Lalin and Kelvin Lalin as Co- Personal Representatives of the Estate of Robinson Lalin Guity, against the defendant, Massachusetts Bay Transportation Authority, for negligence resulting jin damages suffered by,the plaints decedent, Robinson Lalin Guity, prior to his death, including conscious pain and sifering and pecuniary damages ‘Second Cause of Action 13. This is an action by the plaintiffs, Christopher Lalin and Kelvin Lalin, as Personal Represoriaves of the Estate of Robinson Lalin Guity, against the defendant, Massachusetts Bay T/ansportation Authority, for wilful, wanton, and/or reckless conduct resulting in damages suffered by the plaintiffs! decedent, Robinson Lalin Guity, prior to his death, including conscious pain and suffering and pecuniary damages. Third Cause of, Action! 14. Thisis an action by the plaintiffs, Christopher Lalin and Kelvin Lalin, as Personal Representatives of the Estate of Robinson Lalin Guity, against the defendant, Massachusetts Bay ‘lansportaton Authority, for negligence in causing the death of plaintiffs! decedent Robinson Lalin Guity, for the use and benefit of the next of kin of said decedent, in acogrdance with the provisions of Massachusetts General Laws, Chapter 229, as amerlded and applicable at the time material herein. Fourth Cause of Action 15. -Thisis “ action by the plaintiffs, Christopher Lalin and Kelvin Lalin, as Personal Representatives of the Estate of Robinson Lalin Guity, against the defendant, Massachusetts Bay Ttansportation Authority, for wilful, wanton, and/or reckless conduct | i 4 ' \in causing the death of plaintiffs’ decedent Robinson Lalin Guity, for the use and benefit of the next of kin of said decedent, in accordance with the provisions of Massachusetts General Laws, Chapter 229, as amended and applicable at the time material herein. 1 Demands for Relief 16. The plaintiffs, Christopher Lalin and Kelvin Lalin as Co-Personal Representatives of the Estate of Robinson Lalin Guity, demand judgment against the defendant, Massachusetts Bay Transportation Authority, in the amount of damages, together with interest ‘and costs, as to the First Cause of Action. 17. The alin, Christopher Lalin and Kelvin Lalin as Co-Personal Representatives of 7 Estate of Robinson Lalin Guity, demand judgment against the defendant, Massachusetts Bay Transportation Authority, in the amount of damages, together with interest and costs, as to the Second Cause of Action. 18. The biaitis, Christopher Lalin and Kelvin Lalin as Co-Personal Representatives of the Estate of Robinson Lalin Guity, demand judgment against the defendant, Massachusetts Bay Transportation Authority, in the amount of damages, together with interest dna costs, as to the Third Cause of Action. 19. The plaintiffs, Christopher Lalin and Kelvin Lalin as Co-Personal Representatives of the Estate of Robinson Lalin Guity, demand judgment against the defendant, Massachusetts Bay Transportation Authority, in the amount of damages, together with interest and costs, as to the Fourth Cause of Action | f Jury Claim 20. The plaintiffs, Christopher Lalin and Kelvin Lalin as Co-Personal i Representatives of the Estate of Robinson Lalin Guity, claim a trial by jury.PLAINTIFFS, By Their Attomeys, SUGARMAN AND SUGARMAN, P.C, — Benjamin R&qnmermann - BSO# 643920 bzimmermann@[Link] Stacey L. Pietrowicz, spietrowicz @sugarman coi 31 St. James Avenuel Boston, MA 02116 (617) 542-1000 Date: March 1, 2023 Esq- BBO# 672395 31 10th Floor LAW OFFICES OF MICHAEL F. MAHONEY Wd) May ea) Michael F. Mahoney - BBO# 632967 richael@michaelmarcneylan com Ryan P. Gilday, Esq. -BBO# 657956 tyan@[Link] 152 Lynnway, Suite 16 Lynn, MA 01902 (781) 599-5001