The family of a woman who was killed last year at the corner of Elgin and Beech Street is suing the city, Interpaving Ltd. and the driver of a road grader for $2 million.
Last September, 58-year-old Cécile Paquette was struck and killed by a road grader driven by Benoit St. Jean, who is also being sued.
The accident cost Paquette her life, and Interpaving was recently barred from bidding on road work contracts in the city of Greater Sudbury.
Paquette's family are collectively suing the city, Interpaving Ltd. and St. Jean. Her son Guy, daughter Sylvie, granddaughter Chelsea and grandson Bowen are suing for general damages from the death of a family member in the amount of $2 million, as well as special damages in an amount that is presently unknown.
“The plaintiffs state and the fact is that they have incurred out of pocket expenses and suffered psychological disturbance as a result of the death of their family member, Cécile Paquette,” reads a section of an 11-page statement of claim.
According to the statement of claim, the City of Greater Sudbury was the owner of, and responsible for the construction taking place at Elgin Street and Beech Street at the time of the accident.
Much of the same goes for Interpaving Ltd., who at the time of the accident were responsible for and had control over the construction taking place at Elgin and Beech and the owners of the grader that was being driven by St. Jean.
“The plaintiffs state that on Sept. 30 at approximately 2 p.m., the late Cécile Paquette was a pedestrian crossing Elgin Street at its intersection at Beech Street,” reads the statement of claim.
“Suddenly, negligently and without warning, a grader owned by Interpaving Ltd., and being driven by Benoit St. Jean, backed into the late Cécile Paquette causing fatal injuries.”
The Paquette family states that a number of factors were at hand in the passing of Cécile, namely negligence on the part of the City of Greater Sudbury, including failing to properly construct the roadway to ensure it was safe for travel and pedestrians, as well as failing to provide a safe crosswalk for pedestrians.
Also included in the list of negligent behaviour being pinned on the city are the following:
- Failing to properly maintain a roadway during construction, creating a dangerous situation;
- Failing to supervise the construction on the roadway;
- Failing to supervise the contractor or workers with respect to the safety of the work site;
- Failing to provide supervisory personnel or flag men to ensure the safety of pedestrians during construction;
- Failing to properly maintain the roadway when they knew or ought to have known that such failure would cause injury to persons using or crossing the roadway;
- Failing to inspect the roadway to ensure that it was safe for travel and pedestrians;
- Failing to warn persons travelling on the roadway or pedestrians crossing the roadway of the condition of the roadway when they knew or ought to have known that failing to do so would present a danger to pedestrians on the roadway;
- Failing to have a policy and procedure in effect to ensure that the roadway remained safe for vehicles and pedestrians;
The statement of claim goes on to say that the city failed to correct a dangerous situation and failed to have properly trained and qualified persons to ensure that the roadway remained safe.
The Paquette family is sticking to that argument in suing Benoit St. Jean, who was at the wheel of the grader at the time of the collision with Cécile Paquette.
“The fact is that the collision, resulting injuries and damages was caused solely by the negligence of Benoit St. Jean, for whose negligence, Interpaving Ltd. Is responsible in law and vicariously liable,” said the statement of claim.
Included in said negligence are, travelling at an excessive rate of speed in the circumstances, failing to keep a proper lookout, failing to keep a safe distance, failing to yield to pedestrians.
The statement also says that St. Jean may not have been in the right state to be operating the equipment, stating that he was “operating the grader when he knew or ought to have known that his ability to do so was impaired by alcohol, drug, or fatigue.”
St. Jean is also accused of being an incompetent driver, lacking in reasonable skill and self-command, and ought not to have operated the grader.
The Paquette family's statement also argues the grader was not in a proper state of mechanical repair suitable for use on a roadway.
The Paquettes state that they have suffered a serious impairment of psychological and/or mental function as a result of the death.
“She (Cécile Paquette) was very much loved by her family members,” said the statement. “It was expected that if she had lived she would have continued throughout her life to provide care, guidance and companionship to her family members.”
