College of Arts and Sciences freshman Kate Joyce, who is alleging she was dragged more than 250 feet while hanging onto an MBTA train, said Thursday that she is still considering a lawsuit she told The Daily Free Press Wednesday she was in the process of filing.
Joyce, who was released from the hospital on Tuesday, held a press conference Thursday to discuss the incident. Robert Gluck, Joyce’s lawyer, said they are looking into getting more information about the incident – specifically regarding witnesses – before filing a lawsuit.
[See page 2 for a correction and clarification on an article about the incident that ran in Thursday’s Daily Free Press.]
“We have made no decisions on the lawsuit,” Gluck said. “We want to find out why that happened and made sure it doesn’t happen again.”
He later added, “Perhaps there would never be a suit.”
Thursday, Joyce said she and her lawyer were in the process of filing a lawsuit to raise awareness about the situation.
“I know the lawsuit will take a long time and will be dragged out. But the thing is, I am not concerned with the money,” she said. “But if I take a settlement, the public will never hear about it.”
Joyce said Wednesday she was dragged from a Green Line T depot to the Riverside platform on Saturday, March 20 after getting her foot caught in a train’s door.
She had fallen asleep on the train and woke up when a conductor exited in the depot, she said. She tried to use the train’s emergency brake and opened the doors to step out, but the train started moving again and the doors closed on her foot as she was getting off, Joyce said.
Massachusetts Bay Transportation Authority spokesman Joe Pesaturo told WCVB-TV Channel 5 that MBTA officials are concerned about Joyce’s claims, and a conductor involved could face punishment for her involvement in the incident.
“Some of the allegations are very disturbing. In fact, one employee is already facing disciplinary action,” Pesaturo told the station. “She’s facing several alleged rules violations and the discipline could be up to and including discharge.”
There is no timeline for a lawsuit, Gluck said, and the decision as to whether or not to file will come “down the road.” “Cooperation of the T” will also determine the actuality and nature of a suit, he said.
Gluck said he has yet to communicate with MBTA officials other than with one MBTA police officer who had called Joyce. He was told to talk to MBTA’s general counsel, which he said he did on Thursday.