Family of train operator killed in River Line crash plans to sue NJ Transit and others for negligence

The family of the train operator killed Monday in a collision with a tree on the River Line light-rail in Burlington County has filed notice to sue NJ Transit and others, charging a failure in their duty to keep the tracks clear of debris.

Jessica Haley, 41, of Levittown, was a single mother with three young boys, family members said in a statement. She had been an operator on the River Line, which runs for 34 miles between Trenton and Camden, for about 20 years.

Haley “lost her life due to the failure of the responsible parties to inspect these tracks and keep them clear,” Kila Baldwin, the attorney for the family, said in a statement. “This never should have happened.”

Shortly after 6 a.m., a train traveling south from Trenton struck the tree in Mansfield Township, near the light-rail line’s Roebling station, NJ Transit said in a statement. The train was carrying 42 passengers at the time, 23 of whom reported injuries that were not life-threatening.

The National Transportation Safety Board confirmed Monday night that it had investigators at the scene earlier in the day and that a preliminary report on the accident was expected in about 30 days.

NJ Transit is a state-owned public transportation company that operates bus, commuter rail, and light-rail services in the state, as well as parts of Pennsylvania and New York. People with a claim against a government entity in New Jersey are required to serve notice 90 days before filing a lawsuit as a preliminary step.

“We wouldn’t comment on pending litigation,” a spokesperson for NJ Transit said.

Also notified as a potential defendant were Alstom, the company that operates the River Line under contract to NJ Transit, and some subsidiaries of the state agency. Jessica Haley was an Alstom employee. The claim was served on two other government entities that may have had a role in managing trees near the route: Mansfield Township and the Burlington County commissioners.

The train was scheduled to leave Trenton at 5:45 a.m. Monday, the first southbound trip of the day.

Baldwin, of Philadelphia law firm Anapol Weiss, said trees along the tracks in Mansfield Township were known to be in weakened condition and prone to fall. She cited Haley’s sister, Rebecca, who works as a train operator on the line.

“Train conductors complained for years that something had to be done and even suggested having a track car go down the southbound track where Jessica was killed in advance of any passenger cars traveling that way,” Baldwin said. “At one point, dangerous trees along the railway were marked with X’s, but never taken down.”

A small retaining wall was built near the area to keep debris off the tracks after a recent landslide, but the section where Jessica Haley was killed had no similar protection, Baldwin said.

“It’s very early,” Baldwin said in an interview. “We need to know more, including whether the tree was down or fell and hit the train as it was traveling. There’s a lot of investigative work to be done.”

River Line service was suspended Tuesday between Trenton and Florence as crews worked to repair tracks at the accident scene. Trains began running the full route with 20-minute delays about 3 p.m., NJ Transit said.