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Boyd v. National Railroad Passenger Corp.1/20/2005
a barrier to vehicles trying to circumvent the primary entrance gates. Instead, after the line began operating, the MBTA used a Federal grant to contract with LS Transit Systems to conduct a corridor analysis of the forty-four grade crossings along the line. The purpose of the corridor analysis was to evaluate safety enhancements for the crossings, including a study of the use of four-quadrant gates. As part of the study, surveillance cameras were installed in May of 1998 at crossings in Kingston and Halifax, and at the Wales Street crossing in Abington, to observe the existing warning and safety systems and the public's behavior at the crossings. Between May 26 and June 8, 1998, the surveillance tape at the Wales Street crossing showed four incidents of bicyclists and one incident of a pedestrian passing around lowered gates when the warning systems were activated.
The Pine Street grade crossing in Abington is a double-track crossing with a main track and a passing siding. The crossing is equipped with automatic safety gates, warning bells, and warning lights. The design and construction plans for the crossing, including the warning devices, were submitted to and approved by the Federal Department of Public Utilities/Department of Telecommunications and Energy in accordance with 23 C.F.R. ยง 646.214(b) (1996).
On June 24, 1998, at 1:48 P.M., Kelly was struck and killed by a commuter train operated by defendant Prone at the Pine Street grade crossing. According to a motorist who witnessed the accident while stopped at the grade crossing, Kelly was riding her bike in the same direction he was traveling. A southbound train went through the crossing on the east side of the track at a "slow" or "normal" rate of speed. After the train passed, Kelly rode her bicycle behind the witness's car, and then proceeded around the lowered safety gate. She looked to the right and the left down the tracks, and then began to cross the northbound track. The witness testified that the whistles were sounding on both trains constantly. A fast-moving northbound train struck Kelly as she reached the middle of the first track. The train's whistle, bell, and lights were found to be in working order, as was the remainder of train.
Prone gave somewhat inconsistent statements to Abington, State, and MBTA police officers, as well as to Amtrak investigators. The substance of his statements is that the train he was operating was proceeding northbound and had just passed a southbound train when he noticed a young girl coming from the west side of Pine Street traveling east. The safety gates were down and the lights were flashing. Prone claimed to have blown the horn for ten to fifteen seconds before impact, although Amtrak reported that Prone was not blowing the horn in the pattern required for the crossing area. Prone applied the emergency brakes before he hit Kelly. In his statements to Amtrak investigators and Abington police Officer Robert O'Keefe, Prone claimed to have initiated the emergency application of brakes about 300 feet before the point of impact, while in his statement to State police officers, he claimed to have applied the brakes 200 feet before the point of impact.
Records from the train's event recorder indicated that as the train approached the Pine Street crossing, Prone had been "feathering" the horn, which meant that the horn was not sounding very much, but the records also indicated that just before the accident, the train horn was sounding continuously for five to six seconds. According to Prone, there is a "W/MX" sign south of the Pine Street crossing which indicates to engineers that there are numerous crossings ahead and that the train's whistle should be sounded at each design
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