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Lawsuit Claims Red Line Stabbing Death was 'reasonably forseeable' to MTA

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As announced Wednesday, the mother of the victim of a fatal stabbing aboard a Red Line train has filed a claim against the Los Angeles County Metropolitan Transportation Authority (MTA), asserting there is inadequate security on the subway and in stations.

Janie Garay, through an attorney, claims that the MTA is charged with doing all they can to protect their passengers against harm, and that in the death of her son, Jesse, the MTA failed in their duty. Garay says that the MTA contributed to her son's death because they "failed to exercise a reasonable degree of skill," including not having enough security personnel, not properly monitoring surveillance cameras, overloading passenger trains, and not having an appropriate emergency procedure for an incident like one that took the life of her son.

Jesse Garay was stabbed following a dispute with a fellow passenger aboard a northbound Red Line train headed towards the Hollywood and Vine stop. His assailant was able to flee the station on foot, and allegedly sought the aid of fellow passengers, who helped him change out of his blood-stained shirt.

That assailant, identified as 33-year-old transient Gene Sim, was arrested a few days later in Buena Park.

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Janie Garay is seeking damages for the "funeral and burial expenses; loss of services; loss of comfort, care, guidance, advice and companionship; pain and suffering and grief; loss of goods decendant would have provided." According to the claim, the death of Jesse Garay was "reasonably foreseeable" by the MTA.

The following is the full text of the claim's narrative regarding the incident: