Because her son was killed after being hit by a train as he willingly walked through a subway tunnel after a long night out with his frat buddies, a New York, United States of America mum has sued the Mass Transit Authority.
Briant Marc Rowe, 24, was seen climbing down on the subway tracks at the Newkirk Avenue stop of the 5 train around 6am on November 19, according to Roger Archibald, the lawyer for Rowe’s mother.
Archibald said that train workers spent about 30 to 40 minutes on a slow-moving out-of-service train searching for Rowe in the tunnel, but instead should have closed down the subway line and scoured the tunnel on foot.
“The (MTA) had the time and opportunity to shut down the trains,” Archibald said. “It’s alarming and shocking under the circumstances. If proper protocols were in place, it is our view that Briant Rowe would still be alive today.”
Archibald has filed a $50 million notice of claim against the MTA, presaging a yet-to-be-filed lawsuit.
He said Rowe had no history of mental problems or substance abuse, nor could he explain why Rowe had entered the track bed or the tunnel.
After the search for Rowe was abandoned, he was struck by a northbound train about 200 feet (61m) from the southern end of the Newkirk Avenue station, less than two blocks away from where Rowe lived with his mother, Marva Nelson.
Archibald said Rowe had been in Manhattan with his fraternity brothers, but couldn’t give any further details about the Baruch College graduate’s last night out.
Rowe, whose wallet and other possessions were recovered near his body, was decapitated by the force of the train, Archibald said.
The MTA said it could not comment on pending litigation.