Boston University is being sued for allegedly “causing the death” of a College of General Studies student who was killed in 2005 after being struck by a commuter rail near her West Campus dormitory, according to a complaint filed by the student’s parents.
Jean Ferguson and William Shattuck — the parents of then-freshman Molly Shattuck — filed civil action against BU last November for “failing to maintain and repair” a hole in a fence behind the BU Track and Tennis Center, which Shattuck and CGS sophomore Andrew Voluck passed through slightly before 1 a.m. to the tracks on which they were killed Feb. 9, 2005, the complaint states.
Shortly after receiving the complaint, BU filed a motion for dismissal of all six charges made against the university. BU received notification May 2 that the motion was rejected, with the exception of the charge of negligent infliction of emotional distress on behalf of each parent, said BU spokesman Colin Riley, who declined further comment on the litigation.
The plaintiffs are also suing CSX Transportation, the Massachusetts Bay Commuter Railroad Company, the MBTA and Harvard University — which owns the area behind 100 Ashford St. known as Beacon Yards — for “failing to maintain and repair the fence alongside Beacon Yards or to take other measures to prevent, warn and/or discourage students from accessing the train tracks on the Beacon Yards,” according to the complaint.
The complaint states, “Upon information and belief, the defendants BU, Harvard, Harvard Beacon Yards, and/or CSX, and potentially other of the defendants, owned and/or maintained the dilapidated chain-link fence and/or the land on which the fence was located, and/or had responsibility for maintaining the fence.”
Although BU said in 2005 it is not responsible for maintenance of the fence, it hired a contractor to repair it seven months after the accident. CSX and Harvard together own the railyard and the tracks.
The Harvard University Office of the General Counsel did not respond to phone requests for comment.
Ferguson and Shattuck also filed suit against Brian Fitzpatrick, the operator of the train that struck the students, faulting him for “failing to sound the emergency horn when he witnessed Molly Shattuck on the tracks prior to impact.”
According to the plaintiff’s complaint, the train was heading east to South Station when it struck the students at a speed of approximately 50 miles per hour. Although Fitzpatrick hit the emergency break after seeing Shattuck and Voluck, he failed to sound the train’s horn, the complaint states.
The complaint also states the train did not have its lights fully illuminated because it was passing westbound traffic on Storrow Drive. It also states the sound of the engine was muffled because of snow on the tracks, and the engine’s placement in the back of the train made it more difficult for Shattuck and Voluck to hear it.
The MBTA could not be reached for comment.
Matthew Fogelman, one of the plaintiff’s lawyers, said there is no trial date set and would not comment further on the complaint.
The BU Office of the General Counsel declined to comment.