CHICAGO (CBS) — A lawsuit has been filed against the CTA and its former security company on the behalf of a woman struck and killed after dropping her cell phone on the tracks.
Attorneys Jeffrey J. Neslund and Thomas J. Hyland filed the suit on behalf of the estate of 37-year-old Felon Smith who was killed on June 27. She was on the 69th Street Red Line platform when she went down into the tracks to get her phone. That’s when she was hit by a northbound train.
Smith was pronounced dead at the scene.
The Chicago Transit Authority and AGB Investigative Services are named in the complaint. The lawyers allege that the security guard on the platform “failed to provide any assistance whatsoever, despite their close proximity to Felon Smith and knowledge that she was in need of assistance.”
“The disturbing surveillance video from the platform establishes the deliberate indifference and callous disregard for the safety of Felon Smith. It truly shocks the conscious that no one lifted a finger to help her,” said attorney Jeffrey Neslund.
The train operator who was shown on surveillance video looking out his window and making hand gestures seconds before Smith was killed was fired in July. The CTA later ended its contract with the security company.
“Our children are devastated and our entire family is heartbroken” said Felon’s husband, Shearal Cole.
Messages left with the CTA were not immediately returned.
AGB said it had no comment on the matter.