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Daughter Files $10M Suit After NJ Mom Killed By A None Properly Screen And Train Its Employees NJ Transit Light Rail

 Daughter Files $10M Suit After NJ Mom Killed By NJ                                       Transit Light Rail



JERSEY CITY, NJ — Shannon Flood, 43, a mother of a teenage daughter, was heading across the street from her job in Jersey City on Christmas Eve to pick up a holiday photo for her work team when she was struck and killed by a light rail train.

Now, the family of the Bloomingdale woman has filed a $10 million wrongful death lawsuit against NJ Transit — which runs the Hudson-Bergen Rail Line — as well as the rail line itself, the city of Jersey City, and the state of New Jersey.

The suit was filed on Jan. 11 by the guardian of Flood's teenage daughter, as well as the executrix of her estate, according to the family's lawyers, Eisbrouch Marsh of Hackensack and Bagolie Friedman Injury Lawyers of Jersey City.

Flood was killed at the Exchange Place station in the city's financial district while stepping out of her office at 4:35 p.m. that afternoon, according to her lawyers. She was heading across the street to CVS to pick up a photo of her work team to surprise them for the holidays, said lawyer Ricky Bagolie of Jersey City.

The complaint alleges that the light rail line, its driver, and New Jersey Transit failed to operate the train responsibly and in accordance with the rules established to protect pedestrians, said the family's lawyers.

NJ Transit spokesman Jim Smith said Wednesday that the agency would not comment on pending litigation.

The events

The Hudson-Bergen light rail line, touted as a relatively quiet, slow-moving train along the Hudson County waterfront, opened in the year 2000, connecting riders to ferries and PATH trains to New York City. It runs from Bayonne through Jersey City and Hoboken to North Bergen, and may someday extend to Bergen County, although those plans have stalled.

On Dec. 24, 2019, according to the suit, "While lawfully crossing the street, [Flood] was tragically struck by a light rail car driven, owned, maintained and controlled by the defendants. Unfortunately, Ms. Flood died as a result of these injuries sustained leaving behind a teenage daughter."

The suit claims, the firm said in a release, "that the train's driver failed to keep a proper lookout, use the appropriate horns and lights and was going too fast for the conditions as he sped into a crowded Exchange Place plaza filled with pedestrians and cars."

The suit also claims New Jersey Transit did not properly screen and train its employees.

"Additionally, it appears that the approach to the Exchange Place station failed to have adequate warning devices," said the firm, "signage and barriers to properly control the high volume of pedestrian and train traffic and to properly channel pedestrians to avoid contact with the trains, especially given the history of prior collisions and near-collisions."

In addition to the complaint, an Offer of Judgement was filed in the amount of $10 million "which reflects the alleged value for all of the harms and losses caused by the wrongful death," said attorney Alan Friedman of Jersey City.

Gofundme by Flood's co-workers in 2019 raised more than $25,000 for her daughter.

Other accidents

There have been other pedestrian accidents and fatalities involving the line over the years.

In March of 2019, a "slow moving" light rail train struck a 2-year-old in downtown Jersey City, but the child survived.

Two months ago, a person was struck and killed by the train near the Danforth Avenue station in Jersey City. Some of these crashes have occurred on the tracks away from a station.

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Got news? Email caren.lissner@patch.com. Got photos? Please include express written permission from the photographer for us to use them.



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