Tone Loc
03-26-2015, 10:00 PM
Family of cyclist killed in Stanley Park files suit (http://www.theprovince.com/news/Family+cyclist+killed+Stanley+Park+files+suit/10919930/story.html)
The Province article is below:
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...
The Province article is below:
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...