High court to hear appeal in lawsuit over train death
HARTFORD, Conn. (AP) — A case involving the death of a man who was struck by a Metro-North train in Darien is going before the Connecticut Supreme Court.
Justices are scheduled to hear arguments Monday on whether federal law prevents Kevin Murphy’s widow from filing a wrongful death lawsuit against Metro-North in state court.
The lawsuit says Murphy slipped on ice at the Noroton Heights train station, fell onto the tracks and was struck and killed by a Metro-North train in March 2013.
Murphy’s widow, Jamey Murphy, says the through train was wrongly traveling on the tracks closest to the platform, instead of other tracks away from the platform.
Jamey Murphy appealed to the state Supreme Court after a lower court judge dismissed her lawsuit, citing federal laws including the Federal Railroad Safety Act.