SAN FRANCISCO (KRON) — Nia Wilson was 18-years-old on the night of July 22 when she was boarding a BART train at the MacArthur station with her two sisters and was killed by John Cowell.

Cowell was a transient with a long criminal history.

Now Wilson’s family attorney has filed a lawsuit against BART.

The 32-page-suit alleges BART failed to meet the duty of common carriers to provide riders with the highest standard of care and to protect them against reasonably foreseeable criminal conduct.

In an unprovoked attack, Wilson was fatally stabbed in the neck.

Her sister was also stabbed, she survived.

There was a Bay Area wide manhunt for Cowell following the attack.

Surveillance photos shows 28-year-old Cowell’s movement through BART stations, that ultimately led to his arrest.

Cowell is charged in Wilson’s murder but his most recent court appearance was postponed over a battle of whether he is mentally competent for trial.

In a statement, the family of Nia Wilson is in mourning and demands the transit agency take responsibility and implement safety measures.

KRON4 reached out to BART for comment on the lawsuit.

In a statement BART said, “We continue to express our deepest condolences to the friends and family of Nia Wilson, however we do not comment on potential or pending litigation.

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