http://ottawacitizen.com/news/local-news/four-new-lawsuits-filed-over-oc-transpo-bus-train-crash
Four new lawsuits filed over OC Transpo bus-train crash
Andrew Seymour, Ottawa Citizen More from Andrew Seymour, Ottawa Citizen
Published on: February 25, 2015Last Updated: February 25, 2015 5:03 PM EST
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A passenger who was thrown from the second level of an OC Transpo double-decker bus that collided with a train is among four people who have filed new lawsuits against the City of Ottawa, the estate of the bus driver and Via Rail Canada.
Yanjun Liu’s lawsuit is one of four new civil claims filed Tuesday that are seeking a little more than $2 million in damages in connection with the Sept. 18, 2013, crash at a level crossing on the Transitway near Woodroffe Avenue and the Fallowfield station that killed five passengers and the driver, David Woodard.
Liu alleges in a statement of claim that he was sitting in the third row on the upper level of the No. 76 express bus from Barrhaven when it drove past flashing warning lights, through a lowered safety barrier and into the side of a Via Rail passenger train. The collision sheared off the front of the crowded bus.
According to his statement of claim, Liu was thrown onto the roadway in the collision. Liu spent 10 days in hospital with physical injuries that included three broken bones, injuries to his forearm, hand and shoulder, and lacerations, contusions, abrasions and scars, according to the statement of claim. He also suffers from post traumatic stress disorder and anxiety, the lawsuit alleges.
Liu, his wife and daughter are seeking $510,000 in damages.
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Another passenger, Jane Njihia, alleged in her statement of claim that she was standing near the front of the bus on the lower level when the collision occurred.
“As a result of the collision, the front of the bus sustained severe damage and the passenger compartment was exposed,” said the statement of claim. “When the bus came to rest, her body was lying on the floor of the bus and her legs were dangling outside the passenger compartment.”
Njihia spent nine days in hospital during which she underwent an “extensive surgical procedure” to repair her left leg, which had been broken in three places, according to her statement of claim. One of the breaks exposed her shin bone. The mother of four also suffers from post traumatic stress disorder, according to the statement of claim. Njihia and her family are seeking $500,000.
Two other passengers, Brigitte Gonga and Meghan Revells, and their families are also suing. Gonga was seated on the upper level near the middle of the bus. Revells was seated near the rear of the bus. Both were thrown from their seats as a result of the collision, according to their statements of claim.
Gonga alleged that she suffered whiplash and injuries to her arms and legs. Revells alleged she suffered a mild traumatic brain injury and injuries to her knees, shoulder, wrist and finger. Gonga, her husband and three children are seeking $500,000 in damages; Revells and her spouse are asking for $450,000.
All four lawsuits accuse the city, the driver and Via Rail of negligence.
None of the allegations contained in the four lawsuits has been proven in court.
The four new lawsuits bring the total number of lawsuits faced by the city to 12. While the city has filed a notice of an intent to defend some of the earlier lawsuits, no statement of defence has yet been filed.
aseymour@ottawacitizen.com
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