KITCHENER, Ontario — The woman injured in a 2019 grade crossing accident, cited last week by the Transportation Safety Board of Canada as a sign of issues with Ontario oversight of rail safety, filed a lawsuit last year seeking more than C$3 million as a result of the incident, the CBC reports.
Jenna Armstrong and her husband, Daniel Armstrong, filed a statement of claim in 2022 seeking $3.25 million from Metrolinx, Canadian National, Bombardier, the City of Kitchener, the Region of Waterloo, and two unnamed train operators.
Armstrong and a 6-year-old boy were struck by a GO Transit train in the Nov. 13, 2019, incident. According to the TSB report, they were part of a group of 11 people who went to cross a street when the gates were down for an extended period because of a CN train switching nearby, and were unaware of the approaching commuter train [see “TSB says 2019 GO Transit accident involving pedestrians raises questions …,” Trains News Wire, Feb. 10, 2023].
She suffered injuries including fractures to her head, neck and spine, as well as her shoulders, hip, ankle, and forearm, as well as psychological injuries, according to the suit, and has been unable to return to work. The suit claims the parties named in the suit failed to protect and properly warn pedestrians of a second train at the crossing, and were aware of the dangers of the crossing.
The TSB report found that CN trains switching at a nearby yard led to the crossing gates often being activated more than the 5 minutes allowed by statute. It noted that several safety changes have been made at the crossing, and that trains are now required to sound their horn when a second train is present. It had previously been a “no-whistle” crossing.
So your decision to cross the tracks with the gates and flashers activated without permission is everyone else’s fault??
As an engineer there’s nothing worse than an adult dragging their child into a dangerous situation because of their own bad decisions. How about some child endangerment charges here?
Also, who put in the stupid statue with 5 minute time limit for crossing gates to be down…there should be no time limit, even if it’s caused by switching…in that case, the activation is timed for the mainline trains and not the switching, which is usually a slow speed operation.
That picture was taken from a video that was shown on our local news broadcast. It clearly shows them starting to run to beat the train when they are still back at the other track. This should prove that they did see the train coming, but chose to cross in front of it.
I for the life of me don’t understand where anyone can blame another party for this accident, especially grown adults. Regardless of having to wait an extended time the crossing gates are down and the lights are flashing. What good is more signage going to do, if the individuals don’t bother to even look both ways prior to crossing the tracks when the gates are down does the legal community think they are going to read the signs stating the obvious that there are two tracks?
Ok so who made it a NO WHISTLE crossing? The City of Kitchener, GO transit, or CN? I guess they can blow there horns now because It had previously a no whistle crossing. Bet the nimby’s don’y like that.
Most likely the city of Kitchener.
I live about 40 miles from there and it is a hotly contested issue here and at the end of the day the city has to request it and sign off on assuming liability. At least twice in the last several years it has come up since a major spur off the Dundas sub runs out to a large oil refinery and steel mill usually out and back at night as well as a single crossing of the main line.
The city will not agree to the liability so it always dies off.
I only hope the child was ok. Expect a train on any track at anytime.
Expect on train at any time on any track IN EITHER DIRECTION.