Judge moves forward with wrongful death lawsuit against BART from family of woman pushed into train
SAN FRANCISCO (KGO) -- It has been almost a year since 74-year-old Corazon Dandan was killed after being pushed by an unhoused individual when she was waiting for her BART train after work.
Since then, there have been two cases: One against BART from Corazon Dandan's family and a second from the San Francisco District Attorney's Office against the man who pushed her.
This week, the legal case against BART moved forward.
"It's a victory because we do have three claims that are moving forward. Meaning that the whole case wasn't dismissed," said Vasti Montiel, Senior associate at Cotchett, Pitre & McCarthy LLP.
RELATED: Family of woman pushed to death at SF BART station sues transit agency over safety concerns
We sat down with some of the attorneys leading this case against BART. On Monday, the Superior Court of California affirmed the wrongful death lawsuit.
"We have dangerous conditions on public property which includes the platform and the fare gates, we have wrongful death for negligence which claims that BART breached various duties to keep Corazon safe. Including claims about the fare gates and its employees and we also have a survival action which essentially incorporates those other two causes of action to say that the family is allowed to bring this action because they have survived," said Gia Jung, Senior associate at Cotchett, Pitre & McCarthy LLP.
In July of last year, we spoke to Corazon Dandan's brother and nephew.
"She is beautiful. Sweet, kind, loving, caring," said Rene Dandan, Corazon's brother while describing her.
"She would go home and then would lend me and would go to the mall and stuff like that and returned me to my parents after to go home," said Alvin Dandan, Corazon's nephew.
RELATED: Woman pushed into oncoming BART train at Powell Station dies, suspect arrested
The family's attorneys spoke for them this week.
"At the start of this case the family told us that what they want is for this not to happen to anyone else again and that is still what they want and it is still what we are seeking," said Jung.
VIDEO: Woman killed after being pushed into SF BART train remembered as 'kind, generous'
BART Police arrested a 49-year-old homeless man, Trevor Belmont, eight minutes after the incident.
In the lawsuit, the Dadan family blames her death on BART and says BART "failed to make its stations safe for its riders" and pointed to the suspect as a "known criminal and fare jumper" who "had not paid his fare the night that he pushed her into an oncoming train."
"We are alleging that the platform and the fare gates themselves are physically defective so the platform we are alleging for instance lacks barriers which would prevent someone from being pushed as in this case or fallen into the open trackway which is clearly hazardous," said Jung.
The day after her death, the San Francisco District Attorney charged Belmont with murder. However, this week the DA's office revealed the court found Belmont "not competent to stand trial at this time. Criminal proceedings are suspended and will resume if and when Mr. Belmont is determined to be competent. He is currently in custody."
The Dandan family is hoping this preliminary victory leads to changes within BART.
"Hopefully it makes them think a little harder about their fare gates and their platforms, and the paying customers that go through those fare gates," said Montiel.
RELATED: Man accused of pushing 74-year-old Daly City woman into oncoming BART train charged with murder
We contacted BART for comment and have not heard back.
The Dandan family's attorneys are set to be in court June 25 where they will move closer to requesting a trial date.
Full statement from the San Francisco District Attorney's Office:
"Mr. Belmont's next court date is June 18, 2025, in Department 15. The court found that Mr. Belmont is not competent to stand trial at this time. Criminal proceedings are suspended and will resume if and when Mr. Belmont is determined to be competent. He is currently in custody."
