Lawsuit Filed Over Darien Man's Train Death Can Proceed: Court

DARIEN, CT — The family of a Darien man who slipped and fell into the path of an oncoming train won a court victory after the state Supreme Court ruled a lawsuit filed in state courts against Metro North can proceed.

Kevin Murphy was standing on the Norton Heights train platform around 6 a.m. March 4, 2013. A police report indicated that he slipped on some ice and fell off the platform and onto the tracks, according to the Connecticut Post. A train passing through the station at 70 mph struck and killed him.

The lawsuit claims that the train shouldn’t have been on a track next to the platform because it wasn’t scheduled to stop at the station.

The Superior Court ruled that federal regulations oversee railroad track safety matters. The Supreme Court reversed the decision for summary judgement and sent the matter back to the lower court so the case can proceed.

Murhpy’s family previously settled with the town of Darien and Wilton Enterprises, the manager of the train station.

Murphy, 55, was a managing director at Brooks, Houghton & Co. Inc. He left behind his wife and five children. He was an accomplished equestrian and enjoyed spending time with his family, according to his obituary.