The family of a man who was hit and killed by a Coaster train last January is suing the railroad and the city of Del Mar.
The family’s attorney told NBC 7 the railroads and city are responsible for not doing anything to make the railroad through Del Mar safer.
NBC 7 Investigates obtained a complaint filed in State Superior Court on behalf of Thomas Dunn’s wife and son. It says the North County Transit District, City of Del Mar, Bombardier Transportation Holdings USA, and the BNSF Railway Company were negligent for keeping dangerous conditions along the railway.
The complaint says on Jan. 18, 2019, Dunn was walking alongside the railroad tracks in Del Mar near 9th Street.
The San Diego Sheriff’s Department investigators said a Coaster train traveling north hit the 62-year-old man and killed him as he crossed the tracks.
Family Attorney, Chris Villaseñor told NBC 7 the railroad operators and city need to protect people who cross the tracks even if there are trespassing signs posted.
“The railroads and city have done nothing to protect people along the tracks, and people keep dying,” said Villaseñor.
NBC 7 reached out to all the defendants in the case.
Only the North County Transit District responded. A spokeswoman said NCTD could not comment directly about the lawsuit but added:
“Any unauthorized access to the rail right-of-way is trespassing and subject to a citation.”
Villaseñor told NBC 7 he is not looking for a fence around the tracks. He said he hoped the lawsuit would encourage the railroads and city to build tunnels or bridges to get people across the tracks safely.