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Boyd v. National Railroad Passenger Corp.1/20/2005
Suffolk.
May 12, 2004.
Wrongful Death. Railroad. Negligence, Wrongful death, Railroad, Trespasser, Violation of statute. Statute, Construction, Federal preemption. Evidence, Safety improvements. Wilful, Wanton, or Reckless Conduct.
Civil action commenced in the Superior Court Department on September 13, 1999.
A motion for summary judgment was heard by Diane M. Kottmyer, J., and a motion for reconsideration was considered by her.
On June 24, 1998, fifteen year old Kelly Ann Boyd was struck and instantly killed by a train at the Pine Street grade crossing in Abington. On September 13, 1999, Kelly's father, J. Michael Boyd (the plaintiff), commenced a wrongful death action in Superior Court against the National Railroad Passenger Corporation (Amtrak), the Massachusetts Bay Transportation Authority (MBTA), and the train's engineer, Richard Prone. Specifically, the complaint alleged (1) wrongful death claims predicated on negligence against Amtrak, the MBTA, and Prone; (2) wrongful death claims predicated on statutory violations against Amtrak and the MBTA; and (3) wrongful death claims predicated on gross negligence and wilful, wanton, or reckless conduct against Amtrak and the MBTA.
After discovery by both sides, the defendants filed a motion for summary judgment which was allowed by a Superior Court judge on May 24, 2002. In the judge's extensive and well-reasoned decision, she concluded that Kelly was on the rail tracks at the Pine Street crossing "contrary to law," as that phrase is interpreted under G. L. c. 229, § 2, precluding the plaintiff from recovering under a negligence theory. The judge also ruled that Kelly was on the tracks "in violation of the law" under G. L. c. 160, § 218, barring the plaintiff from recovery under G. L. c. 160, §§ 138 and 232. Furthermore, the judge dismissed the plaintiff's wrongful death claims predicated on wilful, wanton, or reckless conduct. Judgment entered for the defendants on May 29, 2002.
On appeal, the plaintiff claims the motion judge erred in holding that Kelly was on the tracks "contrary to law" and "in violation of the law." He also argues that the judge erroneously ruled that certain of the plaintiff's claims were preempted, that certain evidence would be inadmissible at trial, and that the remaining evidence was insufficient as matter of law to establish wilful, wanton, or reckless conduct.
Facts
The materials before the judge, viewed in the light most favorable to the plaintiff, established the following material facts.
The MBTA contracts with Amtrak to operate the Old Colony railroad line. Commuter rail service on the line resumed in September of 1997 after approximately thirty-eight years of nonuse. In rebuilding the Old Colony line, the MBTA applied for and received federal funds, and the line was rebuilt in compliance with the design and construction requirements of the Federal Railroad Administration. In rebuilding the Old Colony line, the MBTA recognized that the public was not accustomed to high-speed trains traveling through their communities and that grade crossings presented safety issues. In 1996, the Legislature enacted St. 1996, c. 151, § 648, which provides: " ll grade crossings to be constructed on the Old Colony [line] shall be guarded by two drop gates on each side of the tracks sufficient to prevent automobile traffic from crossing the tracks when the gates are down."
Before reopening the Old Colony line, the MBTA did not install the legislatively mandated four-quadrant gates, in which two automatic entrance gates serve as a barrier for approach lanes and two additional automatic exit gates serve as
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