HOBOKEN, N.J. (AP) — The family of a woman killed when a New Jersey Transit commuter train slammed into a station last year filed a wrongful death lawsuit on Tuesday against the agency.
Fabiola Bittar de Kroon’s family is seeking unspecified compensatory damages in the lawsuit filed in state Superior Court in Hudson County.
The 34-year-old Brazil-born lawyer was standing on a platform when she was killed by falling debris in the Sept. 29, 2016, crash in Hoboken. It occurred just minutes after she had dropped off her 2-year-old daughter at day care.
More than 100 people were injured in the crash. It was later revealed that the engineer suffered from sleep apnea.
An NJ Transit spokesman said the agency does not comment on pending litigation.
The filing alleges NJ Transit should have implemented necessary safety technology and improvements, including positive train control. It also includes assertions that NJ Transit should be held responsible for requiring only one crew member in a driving cab or locomotive during a train’s entry into the Hoboken Terminal.
A two-crewmember requirement has since been implemented by the agency.
The suit also says the agency failed to properly and adequately screen for, monitor and treat medical issues.
“We now know that not only was this tragedy completely preventable, it was a horrific accident just waiting to happen on so many levels,” said Tom Kline, one of the lawyers representing the family.