Client Advisory

A New Jersey appellate panel has revived a wrongful death claim against New Jersey Transit, finding that statutory railroad immunity does not shield the agency when a pedestrian is lawfully using a designated crossing.

The appellate decision overturned a February 2024 summary judgment ruling in favor of New Jersey Transit and remanded the case back to the lower court over the fatal 2019 collision near Jersey City’s Exchange Place Light Rail Station.

The plaintiff was struck by a light rail train while crossing at a marked pedestrian path regulated by traffic signals. The crossing, located on New Jersey Transit’s Hudson-Bergen Light Rail system, was equipped with pedestrian control devices and monitored by video surveillance.

New Jersey Transit sought immunity under N.J.S.A 48:12-152, a statute which limits railroad liability from injuries or death as a result of trespassing and misuse of railroad property. The trial court granted summary judgment in favor of New Jersey Transit holding that the plaintiff was a trespasser on railroad property.

The Appellate Division disagreed. The Court held “property” within the meaning of the statute was not intended to include cross walks or other rights of way. Judges Marczyk and Paganelli asserted that the plaintiff’s alleged distraction did not equate to misuse of railroad property, let alone the crossing. The Court explained that negligently failing to observe the train before crossing the street does not equate to use of the cross-walk in a manner for which it was not intended. The two-judge panel emphasized that immunity under N.J.S.A 48:12-152 applies in limited circumstances – especially when a pedestrian is lawfully using a designated, signal-controlled crossing.