If anyone is to blame for injuries to a Vancouver woman hit by a train at Barnet Marine Park three years ago, it's not the City of Burnaby, according to the municipality's latest move in an ongoing lawsuit.
The city is being sued by Laurie Dunkley, who said she sustained serious injuries, including numerous fractures, soft tissue damage and a traumatic brain injury, when she was hit by a train at the park on June 27, 2021.
Dunkley launched a lawsuit in October 2022 against the city, Canadian Pacific Railway and Canadian National Railway Company, saying their negligence had caused or contributed to the collision.
She dropped her suit against CNR in January.
Dunkley said she was at Barnet Marine Park with friends and was walking her dog at the time she was hit, according to her notice of civil claim.
She said the city had a duty to make sure pedestrians were safe from trains at the park but failed to properly warn park users of the "dangerous and hazardous situation" of the rail line.
She noted pedestrians had been hit by trains at the park before, and said the city had failed to perform a risk assessment and to consult with the rail companies to ensure adequate safety measures had been taken.
She also claimed the city had failed to inspect and ensure CPR and CNR had provided for proper sight lines at the rail line and had allowed foliage by the line to remain in a "dangerous condition," obscuring the view of approaching trains.
Dunkley alleged a laundry list of failings against CPR, including failing to follow safety guidelines; failing to put up signs, lights, bells or crossing gates by the rail line; failing to properly maintain and light the track; failing to operate the train at a safe speed; failing to provide a timely, visible and audible warning of the train's approach; and more.
Dunkley is suing the city and CPR for an unspecified sum for pain and suffering, loss of income, health care, and loss of domestic maintenance capacity.
"The defendants collectively failed to take reasonable care to see that users of the Barnet Marine Park would be reasonably safe from injury by trains in using the municipal park," stated the claim.
But the city and CPR deny the allegations.
In its response to the civil claim, CPR alleged Dunkley's own negligence had caused the collision and related damages.
The company said Dunkley wasn't at or near a public crossing and was trespassing on CPR land at the time of the crash.
CPR alleged Dunkley was walking an unleashed dog on the tracks at about 9:36 p.m. when she was hit, and the Canadian Pacific Police Service issued her a ticket for trespassing a day later.
The company further alleged Dunkley had consumed alcohol or drugs in sufficient quantities to affect her judgment, senses and ability to respond to risks.
"The railway is no more inherently dangerous than any other motorized mode of transportation," stated the civil claim, "but, to ensure the railway's safe operation, it is imperative that the public, including the plaintiff, look out for their own safety and, amongst other things, obey the laws against trespass on CPR’s land."
The company denied any negligence and said it operated the train with due care and attention, maintained the tracks and took reasonable steps to avoid the collision, including sounding the train's horn when Dunkley was spotted on the tracks and putting the train into "suppression" to stop it.
The city also blamed Dunkley's negligence for the crash.
"The collision occurred because the plaintiff was walking and/or running on the train tracks in an attempt to save her dog, 'Eva,' from being hit by a train," stated the city's response to the civil claim.
The city denied any negligence and said it had taken reasonable steps to keep park users safe from trains, including installing a pedestrian bridge over the tracks in the middle of the park.
But if Dunkley's negligence wasn't to blame for the crash, the city alleged it was caused by or contributed to by CPR.
The city and CPR filed their responses last year.
Last month, however, the city also filed its own notice of civil claim against CPR.
The city repeated that it disputes Dunkley's claims, but alleged – in the event it is found liable – that any injury, loss, damage or expense she sustained was caused in whole or in part by CPR's negligence and/or breach of duty.
In the notice of civil claim, the city applied for a declaration from the court to that effect.
It also applied for a declaration as to each party’s degree of fault and a judgment against CPR for any amount that might be found due from the city to Dunkley in her lawsuit, as well as any legal costs.
CPR has not filed a response to the city’s notice of civil claim.
None of the allegations in any of the documents has been tested in court.
The latest filing in Dunkley’s lawsuit was a court order in January directing Burnaby RCMP to release documents related to the crash to CPR.
Follow Cornelia Naylor on X/Twitter @CorNaylor
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