DARIEN, Conn. – A lawsuit brought against Metro-North by the family of a man struck and killed by a train in Darien in 2013 has been thrown out, according to the Hour.
On the morning of March 4, 2013, 44-year-old Kevin Murphy of Darien was struck and killed by a train at the Noroton Heights train station in Darien. The incident took place just before 6:30 a.m., and there was no video surveillance or witnesses to explain what happened. Murphy, who lived in Darien for 27 years, was survived by his wife Jamey and their five children.
Murphy's family filed a lawsuit against Metro-North, arguing that the train had been on the wrong track when it hit Murphy, according to the Hour. Because the train was traveling at 70 mph and was not stopping at Metro-North, it should not have been on the track closest to the platform, the lawsuit stated, according to the Hour.
A judge threw out the lawsuit on Thursday, ruling that the state could not interfere with which track Metro-North decided to run a train on, the Hour reported.
A lawyer for Murphy's family told the Hour that Murphy's death was not a suicide, and said the family would appeal. An MTA police report found that there was ice on the track that Murphy could have slipped on, the Hour reported. Murphy's family recently received a settlement in the matter from Darien and the company that manages the Noroton Heights train station, according to the Hour.