Mass. Teen Can Sue Fence Owner After Friend Hit By Train

Law360 (September 11, 2019, 6:41 PM EDT) -- A Massachusetts appeals court on Tuesday revived a teenager's suit against the owner of a shoddy fence that allowed her and her friend access to train tracks, saying she could plausibly claim negligent infliction of emotional distress after witnessing her friend killed by a train.

The court said Kiandra Calderon could move forward with her claim after seeing her best friend, Jenaira Fuentes, killed by a Massachusetts Bay Transportation Authority train on Halloween 2014 because property owner Royal Park LLC did not fix a hole-filled fence despite knowing children frequently used the gaps to cut across the tracks.

Royal Park moved...

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