BOSTON (WHDH) - The family of a Boston University professor who fell to his death from an old MBTA staircase is suing the T and the state.

Dr. David Jones, 40, died last September after falling through a decrepit staircase that connected Old Colony Road to the Columbia Road overpass, across from the JFK MBTA Station.

The stairs, which were state property, had been deemed unsafe and closed for about 20 months, with a temporary fence set up around it to limit access. However, the family’s attorney says the stairway was not properly blocked, and that the T failed to warn people that it was not safe.

Sarah Sacuto-Jones, the victim’s widow, spoke with 7NEWS back in October about the devastation of losing Jones, who was training for an ultramarathon and had gone out for a run at the time of the incident.

The stairwell was soon torn down after his death.

In January, investigators determined that criminal charges were not warranted in the case, with the Suffolk County District Attorney’s Office ruling the death an accident.

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