Freeman v. Massachusetts Bay Turnpike Authority

This wrongful death action arises from a collision between an MBTA green line train and a pedestrian at the intersection of Beacon Street and St. Paul Street in Brookline, shortly after 11:00 p.m. on the evening of December 24, 1994, causing the pedestrian to become stuck under the train, where he died of asphyxiation. The case was tried to a jury between September 11 and September 22; 2000. The plaintiff presented to the jury two separate theories of liability, one involving the operation of the train, and the second involving the MBTA’s unsuccessful attempt to extricate the decedent from…