Westboro crash suits cite trauma, mental pain
As the first anniversary of the Westboro bus crash approaches, the latest lawsuits brought by survivors emphasize the psychological impact and trauma it has wreaked in their lives.
Spenser Trafford, 25, was seated beside one of the passengers who died Jan. 11 when the double-decker bus they were travelling on slammed into an overhang at Westboro Station. According to a statement of claim filed Oct. 16, Trafford held the hand of her fellow passenger, who was seriously injured and weaving in and out of consciousness, “and tried to comfort and reassure her as this passenger’s suffering progressively worsened.”
She died before paramedics arrived. The lawsuit doesn’t identify the passenger, but three people lost their lives that day: Judy Booth, 57, Anja Van Beek, 65, and Bruce Thomlinson, 56.
Trafford was among the dozens of passengers injured. She spent more than an hour trapped between seats that were compressed, accordion-style, in the crash.
The lawsuit, which seeks at least $1.1 million in damages, says Trafford suffered “extreme pain and mental distress” during the crash and its aftermath, and “remains haunted” by the last moments of the passenger who died holding her hand. She has had flashbacks and panic attacks when commuting via OC Transpo, occasionally keeping her from work “when those traumatic episodes become overwhelming.”
Trafford’s injuries will need care for the rest of her life, which has also been profoundly altered, the lawsuit says. “Prior to the accident, the plaintiff was a healthy, active and ambitious young woman,” it reads. “She looked forward to a life of travel, career opportunities, socializing with new friends, planning and dancing at her wedding.
“(Trafford’s) physical and psychological injuries will create barriers to all facets of her future life, as she will have to contemplate and plan for such matters as pain control, safety, therapy appointments, future arthritis, and management of the devastating psychological impact that the events of this accident have had on her.”
Two more lawsuits lodged Sept. 5 and Oct. 16 offer their own disturbing accounts of the crash and its aftermath. Almonte resident Laurier Guimond was seated on the upper level of the bus when it smashed into Westboro Station.
“He witnessed other passengers crushed by seats, he saw passengers with their legs severed, and heard passengers screaming in agony and crying. At one point there was enough blood on the floor that the passenger next to him told him to lift his legs up,” Guimond’s lawsuit reads. “He was worried the bus was going to explode before he would be able to move and get off.”
Guimond is seeking at least $2 million in damages. The crash left him with neck and back pain, trouble sitting, standing and walking for prolonged periods, “severe shock caused by trauma, debilitating PTSD, flashbacks and nightmares of the accident.”
Jianhua Rao, a public servant and father of two, and his wife, Qing Zhu, are both named as plaintiffs in a lawsuit seeking at least $1.1 million. On Jan. 11, Rao was riding the bus home to Kanata from his government job downtown.
“As (the bus driver) approached Westboro station, suddenly and without warning she hit the barrier wall enclosing the station. Without reducing her speed, she then jerked the bus to the left, and then to the right, causing the bus to hit the curb, ascend the sidewalk, and violently collide with the overhang on the bus shelter,” the lawsuit reads.
Rao was trapped between seats, partially standing, for more than an hour.
The lawsuit details his injuries: a fractured foot, puncture wounds and crush injuries to his legs, swelling, extensive bruising, psychological trauma. He was non-weightbearing for two months, and will “suffer from restricted mobility and pain for the rest of his life.”
The crash caused him to miss a six-week trip to India and months of work. “Due to continued trauma associated with bus travel, Mr. Rao continues to work remotely, from home,” the lawsuit reads.
All three lawsuits name the City of Ottawa, and the driver of the bus that crashed, Aissatou Diallo, as defendants. They all allege both parties were negligent and therefore responsible for the crash and the plaintiffs’ injuries.
The allegations in the lawsuits have not been proven in court. Statements of defence had not been filed as of Tuesday.
Asked for comment on all three lawsuits, the city sent a statement
The effects of the Westboro station collision have been and continue to be felt by our entire city.
from city solicitor David White.
“The effects of the Westboro station collision have been and continue to be felt by our entire city. Our thoughts continue to be with the families of those who lost their lives, as well as those who were injured and whose lives have been changed forever. In light of the outstanding criminal charges, and out of respect for the litigation process and the privacy of claimants and their families, the City cannot comment on particular cases.”
In August, Diallo was charged with multiple counts of dangerous driving causing death and bodily harm. Her criminal trial has been scheduled for March 2021.
Meanwhile, she and the city are named defendants in more than 10 active lawsuits by Westboro bus crash passengers and family members, according to courthouse records. In an August interview with the Citizen, lawyer for the city Terry Shillington said the goal was to resolve these claims without going to trial, and that the city would be prepared “to settle as early as possible.”
On Tuesday, Shillington said advance payments continue to be made to plaintiffs who need early funds to help pay for treatment and rehabilitation. tblewett@postmedia.com