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MBTA passenger sues after being left behind on train

By Dan Cupper | May 12, 2022

Awakening, he was injured while detraining in storage yard

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MBTA purple and silver commuter locomotive

BEVERLY, Mass. – A passenger who fell asleep and missed his station has sued commuter-train operator Keolis, the Massachusetts Bay Transportation Authority, and the Commonwealth of Massachusetts. He injured an arm while trying to leave the train in a storage yard, according to the suit.

Filing the action in Salem Superior Court last week was Joshua Lemaitre of Beverly, according to The Salem (Mass.) News. The incident occurred three years ago, on May 8, 2019. He filed the action just before a three-year statute of limitations was to expire.

After the train discharged its passengers at Newburyport, the suit claims, its crew failed to make a final check through the cars before moving it to a storage area. When Lemaitre attempted to disembark there, he fell and injured his left arm.

Lying 38 miles north of Boston’s North Station, Newburyport, Mass., is on MBTA’s Newburyport/Rockport line, a former Boston & Maine Railroad route.

Lemaitre’s attorney did not respond to messages left by the newspaper. Keolis spokeswoman Sheri Warrington says the company cannot respond because it has not seen the court filing, but added, “We take the safety of our passengers seriously and otherwise will respond to any allegations set forth in a lawsuit in the proper forum.”


9 thoughts on “MBTA passenger sues after being left behind on train

  1. Another entitled adult not taking responsibility for his own failure to act properly. I hope this idiot gets zero.

    1. Falling asleep on a train isn’t illegal or irresponsible. Crew is supposed to sweep the train.

      1. Charles, the dude could’ve used some common sense and just gone back to sleep…that’s what I’d have done. Then deal with it the next day, with actual live human beings, instead of being stupid and injuring himself. Maybe they did sweep the train, and didn’t see him because he was sleeping…nothing says that a sweep has to be going by every single seat in the car, you can do a sweep just by opening the door and looking in too.

  2. “He filed the action just before a three-year statute of limitations was to expire.” is the classic type of lawsuit that gives the legal profession a bad name.

  3. If he was truly “injured’ I can’t imagine he would wait for 3 years to sue the MBTA.
    Looks like at the last minute he decided to take his chances on getting some money!

  4. What? No cell phone. I can’t remember the last time seeing someone over the age of 10 without one and I live in the country past the middle of nowhere.

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