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Old 03-26-2015, 11:00 PM   #1
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Family of cyclist killed in Stanley Park files suit

Family of cyclist killed in Stanley Park files suit

The Province article is below:

Quote:
The family of a woman who was killed on the Stanley Park causeway when her bike was hit by a bus is suing for damages.

North Vancouver resident Antonina Elzbieta Skoczylas was riding on the causeway sidewalk on May 25, 2013, when her bike collided with one or more individuals. The bike then went into the roadway, where Skoczylas was struck by a bus.

The suit, filed Tuesday by Skoczylas’s husband and son, contains allegations that have not been proven in court.

It names as defendants the B.C. Ministry of Transportation and Infrastructure, the West Vancouver Blue Bus Transit System, bus driver Murray Scott Carpenter and two pedestrians, Iloiko Elizabeth Laszlo and an unidentified person listed as Jane Doe No. 1.

The document outlines safety concerns about the causeway and says the ministry owed a duty of care that the suit alleges was breached as a result of negligence.

The suit alleges “negligence in the design, construction, signage and maintenance of the Stanley Park Causeway and the sidewalks” contributed to Skoczylas’s death.

It says the sidewalks are believed to be “too narrow and too steep” for cyclists to navigate safely, and too close to vehicles and too high above the roadway to allow a cyclist to maintain control should a bike leave the sidewalk.

In court documents, the victim’s family also alleges negligence on the part of the West Vancouver Blue Bus Transit System for not properly maintaining the bus involved in the accident, and for failing to adequately train Carpenter in “defensive driving and accident avoidance.”

Laszlo and Jane Doe No. 1 are described as “failing to keep an adequate, or any, lookout” for the oncoming cyclist and of not taking proper precautions to avoid the accident.

The Skoczylas family is seeking general and special damages, as well as interest and costs.

Following the 2013 death, the ministry vowed to conduct a safety review of the 2.2-kilometre stretch of Highway 99 that runs through Stanley Park.

Earlier this month, Transportation Minister Todd Stone announced that $7 million would be spent on improving pedestrian and cycling safety along the causeway by widening the pathways and installing safety fencing on both sides.

The planned improvements come as part of a larger $2.5-billion plan dubbed B.C. On the Move that would rehabilitate bridges, highways and side roads throughout B.C., and improve efficiency of trucks, ferries, and airports.
Cliffs:

- Family of dead cyclist (who made an unsafe passing maneuver and paid dearly for it) is suing literally everyone involved in the accident, including:
- The bus driver, Murray Scott Carpender
- B.C. Ministry of Transportation and Infrastructure
- The West Vancouver Blue Bus Transit System
- Two pedestrians, Iloiko Elizabeth Laszlo, and unidentified person listed as Jane Doe No. 1.

What a boneheaded lawsuit. The pile of evidence related to the accident has ruled it as just that, an accident. One that was caused by a cyclist riding faster than she should have (relative to road conditions) too close to a couple of pedestrians. It's not enough that everyone involved who watched the cyclist die is probably scarred for life and dealing with emotional trauma, but now they have to defend themselves in court. I don't want to instantly say "money grab", but...
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Old 03-26-2015, 11:15 PM   #2
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If her husband wins lawsuit money, he would probably spend it better than the ministry of transport anyways.
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Old 03-27-2015, 12:52 AM   #3
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If he wins,

There goes our tax dollars
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Old 03-27-2015, 01:10 AM   #4
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Wtf. Why not sue me too for breathing the same air
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Old 03-27-2015, 02:20 AM   #5
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Wtf. Why not sue me too for breathing the same air
thats not a bad idea!
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Old 03-27-2015, 04:18 AM   #6
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you'll get sued for just reading the article
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Old 03-27-2015, 07:34 AM   #7
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so will Gregor Robertson step in and make a bike lane?
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Old 03-27-2015, 08:38 AM   #8
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We should be able to sue them for reproducing even though they clearly lack basic mental ability.
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Old 03-27-2015, 08:52 AM   #9
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Let get this straight:
- From the pic there are no bike lanes and as far as the rules goes, if there are no bike lanes you ride your bike on the road not on the sidewalk where people walk.
- Since you didn't follow the rules and got kill why should anyone be blame but yourself?

So if I decided to jaywalk or run in for a car when it is green light for them and I get kill or injury my family or I can sue the drivers for damage? If that's the saw where do I sign up? I sure wouldn't mind risking a bit to get millions out of the gov!
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Old 03-27-2015, 09:00 AM   #10
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If he wins,

There goes our tax dollars
Our tax dollars have nothing to due with it, insurance will cover everything.
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Old 03-27-2015, 09:17 AM   #11
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so will Gregor Robertson step in and make a bike lane?
They already are:

Stanley Park bike path upgrades approved by Vancouver Park Board - British Columbia - CBC News

I just have to say as stupid as this lawsuit is, it is no coincidence that this comes 3 days after they announce plans to make upgrades to the stretch.

Now it's going to look as if the entities involved agree that the design of that portion of sidewalk is dangerous, because we all know you don't change something that isn't broke (unless you are stupid like the government is being in this case).
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Old 03-27-2015, 09:49 AM   #12
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Fk. Cliffs should be put before the article.
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Old 03-27-2015, 10:21 AM   #13
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When shits happens, sue EVERYONE!! It's just the way it works. It's like asking $10k for something that's only worth $3k. If you asked $3k you wouldn't get it but if you ask $10k you can settle for $3k.
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Old 03-27-2015, 10:27 AM   #14
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Ya, I don't really get why they are suing. Yes its sad that she died but if she hit other people on the sidewalk and a bus was simply minding its own business and she flew out in front of it, there still isn't really anything that the bus driver could do, he can't stop a bus on a dime. But I think that Stanley Park could use bike lanes because it is a large attraction for tourists and residences alike. Lowering the speed limit doesn't work because people just go what speed they think is suitable for the situation.
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Old 03-28-2015, 07:57 AM   #15
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They already are:

Stanley Park bike path upgrades approved by Vancouver Park Board - British Columbia - CBC News

I just have to say as stupid as this lawsuit is, it is no coincidence that this comes 3 days after they announce plans to make upgrades to the stretch.

Now it's going to look as if the entities involved agree that the design of that portion of sidewalk is dangerous, because we all know you don't change something that isn't broke (unless you are stupid like the government is being in this case).
so if the cyclist runs into a walking pedestrian, are they gona put up another "safety fence"???
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Old 03-28-2015, 10:06 AM   #16
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Assumption of risk.

Case denied.
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Old 03-28-2015, 11:14 AM   #17
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Quote:
Originally Posted by Mr.HappySilp View Post
Let get this straight:
- From the pic there are no bike lanes and as far as the rules goes, if there are no bike lanes you ride your bike on the road not on the sidewalk where people walk.
- Since you didn't follow the rules and got kill why should anyone be blame but yourself?

So if I decided to jaywalk or run in for a car when it is green light for them and I get kill or injury my family or I can sue the drivers for damage? If that's the saw where do I sign up? I sure wouldn't mind risking a bit to get millions out of the gov!
While I agree with you, it isn't the victim that is suing. Its the idiotic family.

I hope they truely feel an injustice has been done, otherwise, they are essentially whoring out their dead wife/mom.
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Old 03-30-2015, 01:00 AM   #18
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While I agree with you, it isn't the victim that is suing. Its the idiotic family.

I hope they truely feel an injustice has been done, otherwise, they are essentially whoring out their dead wife/mom.
feel sorry for the victim and for the family's loss

but from my conspiracy theory, it was probably the lawyer who suggest / encourage the family to do so while the family is taking advantage of it. Shit could happen.....

If I am the lawyer, I would expand the scope of work to make more billable hour
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Old 03-30-2015, 10:19 AM   #19
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Ridiculous.
Trying to make money off of their dead wife/mom that made a mistake on her part.

Should everyone else counter sue them for the trauma then? /sarcasm
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