The spouse of the late Boston University professor who plummeted to his demise by the decrepit staircase close to a Dorchester MBTA station has filed a wrongful demise lawsuit in opposition to the MBTA and Massachusetts Department of Transportation.
Milton’s David Jones, 40, fell to his demise by the rusted-out stairs close to the JFK/UMass cease final September. The staircase had been closed for almost two years, however Jones one way or the other accessed them whereas out on a run and plunged by the staircase.
Jones’ household within the wake of the tragic incident referred to as his demise “preventable,” and the household is now suing the state — submitting a lawsuit in opposition to the MBTA and MassDOT on Thursday.
Jones’ spouse Sarah Sacuto filed a number of counts in opposition to each state companies in Suffolk Superior Court.
“The defendants, by their neglect, had allowed the ‘subject staircase’ to degrade and fall into disrepair thereby causing it to be a danger to the public,” the lawsuit reads, partly.
“The defendants failed to take reasonable and adequate measures to prevent the public from accessing the ‘subject staircase’ due to its dangerous and compromised condition,” the lawsuit provides.
The state companies brought on his “premature and wrongful death,” based on the swimsuit.
His “wrongful death and the damage to his estate were the direct and proximate result of the carelessness, recklessness and negligence” of the MBTA and MassDOT, the lawsuit reads.
Jones, who was an affiliate professor of Health Policy and Law at Boston University, was a father of three.
Both MassDOT and the MBTA declined to touch upon Thursday.
“MassDOT does not offer public comment on pending litigation,” MassDOT spokesperson Jacquelyn Goddard wrote in an electronic mail.
MBTA spokesperson Joe Pesaturo added, “It is also the MBTA’s practice to not comment on pending litigation.”
Following Jones’ demise, MassDOT first additional secured the location. Then, a weekend later, crews eliminated the dilapidated staircase.
“MassDOT demolished the staircase over the weekend after checking with investigatory authorities,” MassDOT mentioned in an announcement final yr.
In January 2020 — about 20 months earlier than the deadly incident — the “structure was fenced in, a cement barricade was installed, and a sign was installed by the MBTA stating that the stairs would be closed,” MassDOT mentioned after the incident.
The lawsuit notes that following Jones’ demise, the state posted warning indicators and made the staircase utterly inaccessible.
Sacuto is bringing the lawsuit in her particular person capability, on behalf of her late husband’s property, and on behalf of her youngsters.
Source: www.bostonherald.com”