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Samantha Mattei, 21, has filed a lawsuit against the MBTA in the 2009 crash. |
Crash victim’s family files lawsuit against T
Operator texting in 2009 accident
Two years later, she still requires a cane and an escort to get around campus, her parents have to take her to the doctor because she cannot drive, and she’s close to losing her scholarships because she has trouble concentrating on her homework.
On the last day of her freshman year at Merrimack College, Samantha Mattei came to Boston to celebrate and boarded a Green Line trolley at Government Center. Shortly afterward it crashed into another trolley, injuring 68 people. The young Salem woman suffered a broken back, nerve damage, lacerations to her face, a serious concussion, and other injuries that have left her struggling to cope with vertigo, nausea, and constant headaches, her family says.
Since the crash in 2009, the result of the trolley operator sending a text message while driving the train, her life has been impaired. As a result, this week, her family filed a lawsuit in Salem Superior Court against the MBTA and Aiden Quinn, the trolley operator.
“I was injured as a result of something that was perfectly preventable,’’ said Mattei, now 21 years old, in a telephone interview. “As a result of negligence, I was personally affected in a way that has cost me money, time, and many parts of my life. I would like to see things change for the better. No one else has to be a victim like this.’’
Officials at the Massachusetts Bay Transportation Authority declined to comment on the lawsuit, which seeks damages of $51,425 for medical bills and lost wages, as well as additional damages to compensate Mattei for her pain and suffering.
“The MBTA prefers not to comment on pending litigation,’’ said Joe Pesaturo, an MBTA spokesman, in an e-mail.
He noted that 11 MBTA employees have been fired since the authority banned drivers from carrying cellphones on duty after the crash. He said 11 other employees have been suspended for at least 10 days as a result of the policy. He added that Quinn, who was fired, pleaded guilty in December to negligent operation of the trolley, a misdemeanor. He was sentenced to two years of probation with an order to perform 100 hours of community service.
Prosecutors have said Quinn was composing a text message to his girlfriend while accelerating from zero to 25 miles per hour along 586 feet of subway track. They said he passed through a yellow light and two red lights before striking a motionless trolley with its brake lights on. The crash caused nearly $10 million in property damage.
“I will remind you that both the [National Transportation Safety Board] and the District Attorney said the accident was the result of an individual’s actions,’’ Pesaturo wrote.
Neither Quinn nor his attorney in the civil matter could be reached for comment yesterday.
Mattei’s parents said in their lawsuit that Quinn and the MBTA were negligent. They say the MBTA failed to adequately evaluate Quinn’s driving record, noting that he had prior speeding tickets in Massachusetts and New Hampshire. They also faulted the MBTA for knowing about but failing to stop drivers from using their cellphones while operating trains.
“Because of this injury, my daughter’s life has been totally changed upside down,’’ said Cecile Mattei, the plaintiff’s mother. “We would like to help her get her life back on track. We need help. This accident completely changed her life.’’
She said her daughter has suffered memory loss, speech impediments, and has had to drop courses at the North Andover school, where she is majoring in chemistry. She added her daughter will have to take next semester off because she needs time to catch up and improve her grades, which she said have plummeted since the crash.
When asked why they waited two years to file the lawsuit, Mattei’s mother said: “We waited because things kept getting worse and worse, rather than better and better. We wanted to make sure we knew what was going on. Things didn’t rectify. She hasn’t gotten better. In a lot of ways, she has gotten worse.’’
Eleven other passengers who were on the trolley have also filed lawsuits against the MBTA.
Mattei’s father, Fred Mattei, said he expects his daughter will soon lose her scholarships because they depend on her grade point average. “Her quality of life is greatly diminished,’’ he said, “and this has placed a great burden on our family.’’
Travis Andersen of the Globe staff contributed to this report. David Abel can be reached at dabel@globe.com. 
© Copyright 2011 Globe Newspaper Company.