Colon et al v. Metro-North Commuter Railroad Company et al
Filing
441
RULING DENYING DEFENDANT METROPOLITAN TRANSPORTATION AUTHORITY'S MOTION TO DISMISS. For the reasons given in the attached ruling, defendant MTA's motion to dismiss is DENIED. It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/3/2017. (Black, R.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MILTON OMAR COLON and ARLENE
DAVIS,
Plaintiffs,
v.
METRO-NORTH COMMUTER
RAILROAD COMPANY, and
METROPOLITAN TRANSPORTATION
AUTHORITY,
Defendants,
No. 3:13-cv-00325 (JAM)
v.
UNITED ILLUMINATING COMPANY,
Third-Party Defendant.
RULING DENYING DEFENDANT METROPOLITAN TRANSPORTATION
AUTHORITY’S MOTION TO DISMISS
Defendant Metropolitan Transportation Authority (“MTA”) moves pursuant to Fed R.
Civ. P. 12(b)(6) to dismiss plaintiffs’ remaining claims against MTA. See Doc. #413. MTA
argues in principal part that it cannot be liable, because plaintiffs have abandoned any theory of
liability against MTA that is based on MTA’s police patrol activity and because MTA cannot
otherwise be liable by reason of any theory that it engaged in a joint venture with co-defendant
Metro-North Commuter Railroad Company (“Metro-North”). Because I do not agree with
MTA’s arguments, I will deny the motion to dismiss.
BACKGROUND
Plaintiff Omar Colon suffered a severe electrocution injury after he climbed up a catenary
pole along the Metro-North railroad tracks in Connecticut. The factual background of this case
has been described in detail in the Court’s ruling on motions for summary judgment. See Colon
v. Metro-N. Commuter R.R. Co., -- F. Supp. 3d --, 2017 WL 987844 (D. Conn. 2017). As part of
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that ruling, the Court held that a “reasonable jury could conclude that the MTA’s significant
police presence along the railroad right-of-way constitutes ‘control’ over the property, more so
when coupled with the fact that the MTA is a signatory to the contract with the CT DOT and
Metro-North, and the fact that it owns Metro-North.” Id. at *7 (internal citations omitted).
Subsequently, at a pretrial conference on June 1, 2017, plaintiffs’ counsel stated repeatedly that
plaintiffs’ claim against MTA was not based on alleged negligence by MTA police officers. See
Doc. #383 at 27-31, 93-97. Defendant MTA then filed this motion to dismiss all remaining
claims against it, arguing that, if plaintiffs are not alleging negligence on the part of MTA’s
police officers, they have no valid claim against MTA.
DISCUSSION
The background principles governing a Rule 12(b)(6) motion to dismiss are well
established. The Court must accept as true all factual matters alleged in a complaint, although a
complaint may not survive unless its factual recitations state a claim to relief that is plausible on
its face. See, e.g., Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Mastafa v. Chevron Corp., 770
F.3d 170, 177 (2d Cir. 2014).
MTA Police Patrols
It is undisputed that MTA employed police to engage in patrols along Metro-North’s
railway tracks including in the area where plaintiff Colon was injured. MTA understands
plaintiffs’ theory of liability against MTA to rely on the inadequacy of these police patrols to
prevent incursions by trespassers. That is not correct. Rather than relying on any inadequacy of
MTA police patrols, plaintiffs rely on the presence of MTA police patrols as evidence of MTA’s
control of the premises, such that MTA—along with Metro-North—may be subject to liability as
possessors of the land where plaintiff Colon was injured. See Lin v. Nat’l R.R. Passenger Corp.,
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277 Conn. 1, 16 n.10 (2006) (“liability in a premises liability case is based solely on control and
possession . . .”). Regardless of the adequacy of the MTA’s police patrols, the fact of MTA’s
police presence along the railroad right-of-way is relevant to plaintiffs’ overall effort to
demonstrate that MTA did in fact control or possess those premises. See Gazo v. Stamford, 255
Conn. 245, 249 (2001) (“premises liability . . . requires that the party to be held liable be in
control of the property”). If the jury finds that MTA did control the right of way, then MTA may
possibly be liable to those injured along the right-of-way under the general principles of
Connecticut premises liability law. Accordingly, notwithstanding any statement by plaintiffs that
they do not seek to hold MTA liable for having inadequate police patrols, any such statements do
not as a matter of law absolve MTA from potential liability in this case.
MTA’s Joint Venture Liability
MTA otherwise argues that it may not be held liable on the basis of a joint-venture theory
of liability, because any joint venture between MTA and Metro-North was not for the purpose of
money-making profit. See Doc. #413 at 6. This argument, however, relies on a misunderstanding
of Connecticut law. In Doe v. Yale University, 252 Conn. 641 (2000), the Connecticut Supreme
Court held that Yale University and Yale-New Haven Hospital, two nonprofit organizations,
could form a joint venture together. Id. at 676-80. The court held that “although a profit motive is
often recognized as one factor suggesting the existence of a joint venture, the absence of a profit
motive is not fatal, as a matter of law, to the existence of a joint venture,” and “nonprofit
organizations are not precluded, as a matter of law, from forming joint ventures.” Id. at 677.1
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Rather than relying on the Connecticut Supreme Court’s authoritative interpretation of Connecticut law in
Doe v. Yale University, MTA relies instead on an unpublished decision of the Second Circuit that in turn relies on a
decision of the Connecticut Supreme Court that long pre-dates the decision in Doe v. Yale University. See RIDE,
Inc. v. APS Tech., Inc., 612 F. App’x 31, 32 (2d Cir. 2015) (citing Elec. Assocs., Inc. v. Automatic Equip. Dev.
Corp., 185 Conn. 31 (1981)).
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Accordingly, there is no merit to MTA’s argument that as a matter of Connecticut law it may not
be deemed to have engaged in a joint venture with Metro-North. Because MTA’s liability may
be premised on evidence that it controlled the property and/or its participation in a joint venture
with Metro-North, I need not further consider MTA’s arguments at this time that its liability may
not be premised on its ownership of Metro-North.
CONCLUSION
For the foregoing reasons, defendant MTA’s motion to dismiss is DENIED.
It is so ordered.
Dated at New Haven this 3d day of August 2017.
/s/ Jeffrey Alker Meyer
Jeffrey Alker Meyer
United States District Judge
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