Ottawa bus crash victim sues city for $6.3 million

Saw seatmate die in crash of double-decker

O T TAWA • A public servant who suffered grievous injuries to her right leg in a bus crash — and watched her seatmate die — has filed a $6.3-million lawsuit against the city.

Lynn Ellis, an administrative support assistant at Transport Canada, sat toward the front of OC Transpo Bus 8155 on the afternoon of Jan. 11.

Her “bus friend,” Anja Van Beek, 65, a Treasury Board employee, was beside her, according to Ellis’s lawyer, Derek Nicholson.

Van Beek was one of three passengers who died when the bus careered into the shelter at Westboro Station.

Ellis grabbed onto the handrail, but was thrown from her seat while her right leg was pinned. It was held fast by the seats that collapsed along the passengers’ side of the bus.

“Her right leg sustained severe orthopedic injuries which will preclude the plaintiff from ever walking properly again,” the statement of claim reads.

Her fractured right knee required plates, rods and pins to repair.

Ellis’s right leg — her shin, calf and thigh — also suffered “necrotic” tissue injuries that required extensive skin grafts to repair. She remains at The Ottawa Hospital.

“She will require the use of canes and a walker and will be unable to properly ambulate for the rest of her life,” the lawsuit says.

Ellis continues to have difficulty sleeping, the lawsuit says, and suffers from posttraumatic stress and nervous shock from watching her friend die in the collision.

It seeks damages for pain and suffering, the past and future cost of Ellis’s care, and lost income and pension benefits.

Ellis will require renovations to her existing home in Kanata in order to accommodate her injury, the claim notes.

In an interview, Nicholson said his client’s right leg suffered “burn-like” damage in the crash — most likely from the friction of having her leg pinned while the rest of her body was thrown forward.

“She’s upset, but very positive,” he said Wednesday. “But her leg is badly disfigured, and I think she’s in for a long-term recovery. She may never be able to walk properly again.”

The lawsuit names the City of Ottawa, the Province of Ontario, OC Transpo and driver Aissatou Diallo as defendants.

The claim alleges that Diallo operated the bus in a reckless manner and at excessive speed. What’s more, it alleges that the city failed to ensure that she was properly trained to operate the bus and, given her checkered

SHE MAY NEVER BE ABLE TO WALK PROPERLY AGAIN.

driving record, knowingly put the lives and safety of passengers at risk.

Diallo had two collisions during her first year on the job as an OC Transpo driver.

The claim also contends that OC Transpo was negligent for using double-decker buses that “they knew or ought to have known were unsafe” in winter conditions.

None of the claims made in the lawsuit has been tested in court, and the city has yet to file a statement of defence.

Three bus passengers died and 23 were injured in the crash, which remains under investigation by Ottawa police.