American tourist suing City of Vancouver for seawall cyclist crash
 

American tourist suing City of Vancouver for seawall cyclist crash
BY KENNETH CHAN
5:37 AM PDT, FRI AUGUST 28, 2015

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The City of Vancouver and an unknown ‘John Doe’ cyclist are being sued by an American woman who broke her back after she was knocked off the Stanley Park seawall by a cyclist.

Court documents, a notice of civil claim filed in B.C. Supreme Court on Wednesday, obtained by Vancity Buzz indicate Virginia state resident Charmaine Mitchell is suing the parties involved in the incident. She is being represented by Vancouver personal injury lawyer Anthony Vecchio.

On the afternoon of Saturday, July 19, 2014, Mitchell was walking the seawall with her boyfriend when a group of speeding cyclists crossed into the pedestrian lane. One of the cyclists hit Mitchell, knocking her off the ground and onto the rocks 10 feet below.

“The guy was not wearing a helmet. Three guys came around like they were chasing each other,” boyfriend James Drummond told Vancity Buzz in an interview in 2014. “The first two came into the pedestrian lane, causing us to move over towards the edge. The third guy came right at her and knocked her off the seawall.”

The cyclist who hit Mitchell was only identified as a male. He did not flee from the incident and provided his information to the Park Ranger and lifeguard.

Mitchell’s injuries were extensive, with a fractured left patella, three fractured vertebrae including a burst fracture, and a fractured big right toe. Eight screws and two rods were inserted into her back during a surgical procedure performed days following the collision.

At the time, surgeons expected that several months of recovery and physical therapy would be required before she could walk again.

The plaintiff alleges the City of Vancouver is also responsible for the collision on the basis of negligence, given that it has a duty to ensure the seawall design is safe for all users, both pedestrians and cyclists.

“The advocacy that they have put in for the cyclists in this city has been well documented and controversial. In a major tourist area like the seawall, the same advocacy needs to be shared between pedestrians and cyclists,” Drummond continued.

“That particular point on the seawall is very narrow and there are points the seawall should maybe be a part where cyclists dismount.”

Mitchell was born in Toronto and lived in Vancouver for three years before moving to Virginia state. She has visited Vancouver at least a dozen times in recent years.

http://www.vancitybuzz.com/2015/08/a...seawall-crash/

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Can we please stop using that as a source for articles?

Seriously, this garbage article doesn't even say how much or what exactly she's suing them for.

How is he a fucking John Doe then? What information did he give? John Doe @ 123 fake street 604-911-6969? Not sure how you can't identify a person in today's age where you can take a quick snap of his bike or something. Better yet get his license. It's a public place so taking a picture of him and the incident shouldn't be a privacy concern.

Vancity buzz is full of fucking bs.

The cyclist who hit Mitchell was only identified as a male. He did not flee from the incident and provided his information to the Park Ranger and lifeguard.

Reading, it's a life skill.

:rukidding:

The cyclist from what I am reading stayed at the scene, gave his information to the park ranger and life guard. How he is an anonymous John Doe who cannot be identified as anything other than being male? Even if he gave false information there are other ways to identify him through a picture or actually asking for some form of ID like a license.

You quoted the same thing I did, how are you reading it? Do tell. I'm curious.

Lol excellent reading comprehension.

because the person is 16y/o minor and cant be sued or named

I don't see why the city should be sued. My uneducated guess would be because the victim knows the city has deeper pockets to benefit from than the cyclist who struck her in the first place.

it'll probably be cheaper to settle out instead of going to court and possibly being forced to install safety measures throughout the whole seawall.

Some cyclists are complete fucking assholes who almost try and hit people, people have too much of a "me me me" attitude when riding and it can kill people.

Because the city bends over backwards for bikers.

An American suing someone? That's almost unheard of.

bingo, the guy on the bike probably isn't worth much and won't be able to pay whatever the damages are. So, name the city as a defendant too. The more defendants, the deeper the pockets

this is all i was thinking of as i read that ariticle

watch the court order City of Van to install railings/fences all along the seawall :rukidding:

I am pretty sure you can still someone if they are a minor. Maybe their parent/legal guardian will have to pay for it.

Exactly! suing this cyclist won't get you very much but suing the city will. Even if the court founds the city at fault for even 1% you still can get money. As if from the cyclist, he is 16 years old, with no job how are you going to get money from him?

Is a good move really and I would do the same too. At least after paying this woman, hopefully the city will actually start enforcing more strict rules for cyclist.

Oh if that's the case, I hope this woman will win.
Cyclists tend to block the road and it's really dangerous and frustrating.

I especially hate these spandex warriors.

She probably has a hefty medical bill.

Makes you wonder why shouldn't cyclist pay insurance to ride bikes on the road too.