Sarnia man launches $2.4M tobogganing crash lawsuit against city, rail companies

A Sarnia resident who broke his ankle after crashing into railway tracks while tobogganing in Centennial Park has launched a $2.4-million lawsuit against the City of Sarnia and two major Canadian companies connected to the tracks.

Owen Taylor was tobogganing in the popular waterfront park on Jan. 6, 2018, when he hit railway tracks at the base of the hill obscured by ice and snow, according to a statement of claim filed last week at the Sarnia courthouse.

“Owen abruptly came to a complete and unexpected stop, resulting in serious personal injuries,” the document said.

Taylor suffered a left ankle bimalleolar fracture dislocation that required surgery and a growth plate injury, he said. He’s also dealt with post-traumatic arthritis, chronic pain and reduced range of motion in his left ankle, and mental-health issues such as depression, anxiety and adjustment disorder. He still needs further treatments, diagnostic studies and has to take medication.

Additionally, Taylor has suffered loss of income, loss of competitive advantage in the marketplace and education, and can’t participate in various recreational and social activities he did before the incident.

“As a result of the defendants’ negligence, the plaintiff has experienced significant pain and suffering, and will continue to experience further pain and suffering into the future,” the statement of claim said.

Taylor is seeking $2 million in pecuniary special damages and $400,000 in non-pecuniary general damages.

The defendants named in the case include the city, Canadian National Railway Co., Canadian National Railway Management Inc., and Cargill Ltd. The city owns the Front Street North park and the three companies own or occupy the rail line and were responsible for the design, construction and/or maintenance, the statement of claim said.

A statement of defense was not included in the file viewed this week by The Observer. Statements of claim and statements of defense include allegations not yet tested in court.

A spokesperson for the city said civil cases are handled by third-party lawyers through its insurance policy and they wouldn’t be able to comment on Friday. Requests for comment Friday from Canadian National Railway and Cargill went unanswered.

The statement of claim argues the condition of the park at the time, including the obscured rail line, constituted a hazard and the defendants allegedly had a statutory duty of care to ensure the public – including Taylor – were reasonably safe while there.

“The defendants negligently breached the aforesaid statutory duty,” it said.

The claim added the defendants were under a duty to design, repair, inspect and maintain the premises and they, allegedly, wrongfully created and/or permitted the continued presence of a hazard and failed to mark or warn the public about it. It also argued the injuries and damages Taylor sustained were a direct and foreseeable consequence of the defendants’ alleged negligence and/or breach of duty.

The statement of claim also argues the defendants allegedly employed incompetent agents, servants or employees to perform general maintenance – no people were named – or failed to perform any proper winter maintenance. The document, filed this past Friday, asks for a trial in Sarnia.

Taylor’s lawyer, Chris Collins of Siskinds LLP in London, didn’t respond by press time Friday to a request for comment and more information about his client.

The document does not say where in Centennial Park the alleged incident took place. Rail tracks about eight centimeters high run past the bottom of a fairly steep hill near the north entrance to the park between Exmouth and Nelson streets. Just past the tracks is Locomotive 6069 “Betty,” a restored steam engine.

Tobogganing became a hot-button issue in Southern Ontario this past winter after Oshawa city officials proposed to ban the winter activity at all but two municipal parks, a move that was later voted down due, in part, to public pushback. Two years ago, in nearby London, a gym owner was seriously injured in a tobogganing crash. A few years earlier, Forest City officials said they weren’t considering banning the pastime despite some American cities doing so to protect themselves from lawsuits.

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@ObserverTerry