PORTLAND — A family member of a 66-year-old disabled woman who was run over by a MAX train — after the wheelchair she was in careened in between two moving train cars — has filed a $50,000 wrongful death lawsuit against TriMet.
Media reports shortly after the incident stated that it appeared Bertha Kelly’s son had jumped onto his mother’s lap and accidentally hit the toggle controller of her motorized wheelchair, causing the wheelchair to move forward and land between two moving cars of the train.
In the lawsuit filed this week, Donna Evans faults TriMet for the death of Kelly, her sister, because the transit agency had no guards or barriers installed between train cars that prevented Kelly’s wheelchair from falling between the cars.
Kelly died at the scene of the incident on Aug. 16, 2014, at the Gresham City Hall MAX station. The incident happened at about 11:25 a.m.
Kelly’s 48-year-old son, John Paul Kelly, also died — about two hours later. To date, no lawsuit has filed against TriMet for Kelly’s death.
One of Bertha Kelly’s neighbors said the son liked to jump into his mother’s lap and go for a ride on the wheelchair with his mother when he was happy.
The platform is 3 feet above the tracks.
A TriMet spokeswoman Friday declined to comment, citing the pending litigation.
News reports at the time of the incident said the driver may not have been aware that the train struck Bertha and John Paul Kelly until it stopped at the next station.
The lawsuit faults the driver for failing to immediately stop the train — and claims that “was a substantial factor in the death of Bertha Kelly.”
The suit seeks $50,000 in non-economic damages, noting the loss of “society and companionship and services” of the woman’s only surviving son, James Kelly.
Bertha Kelly’s sister, Evans, however, is listed as the sole plaintiff in the lawsuit.
The amount sought is likely to grow. Bertha Kelly was a retired nurse. In addition to the $50,000, the suit states that Bertha Kelly “was receiving an income” and seeks an undetermined amount of economic damages.
Aurora attorney Dori Brattain is representing Evans in the lawsuit, which was filed Tuesday in Multnomah County Circuit Court.
