A major lawsuit has been filed for the death of a passenger, Corazon Dandan, by her nephew and six siblings against the Bay Area Rapid Transit (BART).  Corazon was killed on July 1, 2024, after being pushed into on oncoming train at the Powell Street Station by a criminal banned by BART for repeatedly jumping the pay gate.  The suit alleges that BART is responsible for allowing crime at its stations and trains, must fix its failures leading to Corazon’s death, and improve safety for all riders.

The complaint alleges that BART has repeatedly failed to make its stations safe for riders, whether by safety staffing or physical security features. It details a long history of violent deaths and assaults on BART platforms and tracks, and cites data showing that riders, particularly Asian American Pacific Islanders, do not feel safe on BART. The complaint includes a letter to Governor Gavin Newsom from state and local elected officials, along with community, business, and AAPI leaders, begging the Governor to increase safety on BART by deploying California Highway Patrol officers to prevent more tragedies like Corazon’s death. The case is brought by the law firms of Cotchett, Pitre & McCarthy and Pritzker Levine.

Corazon was taking BART to her home in Daly City from her job of 30 years at a Union Square hotel when she was tragically killed.  Her family brings claims for wrongful death, elder abuse, dangerous condition of public property, and a survival action for the losses incurred by Corazon. She is one of many who have suffered assault or death on BART while directors and senior staff look the other way.

Nanci Nishimura, a partner at Cotchett, Pitre & McCarthy representing the family added:

“This case is about people over BART’s profits.  As the complaint alleges, this lawlessness has to stop! BART has long been on notice about the need for improved safety and protection.”

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