Article: Family of a Man Who Died While ‘Surfing’ a San Francisco Train Comes Under Fire for Suing City
From:
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www.northwestgeorgianews.com]
Nov. 29—Since 2015, San Francisco has logged at least 46 reports of a high-risk mode of travel: people hitching rides on the hooks of Muni train cars.
The number surfaced in a lawsuit brought by the mother of a man who died after tucking himself between two cars of an out-of-service train. Surveillance video showed Todd Odnamar sitting on the coupler device apparently without holding on, his arms wrapped in his T-shirt. As the train coasted toward the rail yard, he fell off.
His death showed the peril of "surfing," a stunt witnessed on transit systems across the country. Viral videos have captured people walking on the roofs of New York subway trains or balancing precariously on the backs of San Francisco Muni cars. While it appears that many surfers are thrill-seekers, others may be indifferent to the danger. Attorney D.L. Rencher criticized the city for not doing enough to intervene.
"From our perspective, it's a safety issue that they ignore," said Rencher, who represents Odnamar's mother, Odnamar Ikhbold, in the case that's set for trial next year. Seeking an undisclosed amount in damages, Ikhbold sued San Francisco, its Municipal Transportation Agency, and train operator Gene Mabrey for wrongful death and negligence, arguing that the agency failed to teach its employees to look for stowaways.
Representatives from the San Francisco City Attorney's Office say the transportation agency can't be held responsible for such behavior, and Superior Court Judge Richard Ulmer ruled that Muni surfers do not count as customers, and therefore are not entitled to the same protections. In court documents, city attorneys argued on behalf of Mabrey that Odnamar's behavior — not that of the train operator — led to his injuries.
Spokespeople for the SFMTA deferred requests for comment to the city attorney's office. In court filings, city attorneys wrote that the agency instructs operators "to be aware of passengers riding or intending to ride as the Muni service is intended, i.e. inside the passenger compartments and while the train is in service."