Codiac Transpo bus

The lawsuit alleges the City of Moncton and bus driver Gary Pellerin were both negligent in the death of pedestrian Aurore LeBlanc in 2012. (CBC)

The City of Moncton and one of its bus drivers are being sued by the estate and daughters of a woman who was struck and killed by a Codiac Transpo bus in 2012.

Aurore LeBlanc, 46, was walking at the crosswalk at the downtown intersection of Main and King streets on Jan. 20, 2012 when she was hit.

LeBlanc, who was trapped under the bus, was pronounced dead at the scene.

The driver, Gary Pellerin, was charged with driving without due care and attention, but was found not guilty in July.

A notice of action was filed with the Court of Queen's bench last month by lawyer Michael Murphy on behalf of LeBlanc's estate and her two daughters — Estelle and Janice Dupuis.

The statement of claim alleges the driver and the City were both negligent in the case.

Pellerin "carelessly and negligently failed to maintain any or proper control over the bus," drove the bus "without due care and attention," and "carelessly and negligently failed to keep a lookout for others on the highway, including pedestrians," the document states.

Pellerin is also accused of driving the bus in a "reckless manner," operating the bus at a speed "that was not reasonable nor prudent under the conditions," failing to yield the right-of-way to pedestrians, and failing to take evasive action to avoid the collision.

The document also alleges Pellerin knew or ought to have known the bus had inadequate brakes.

The City, the statement of claim alleges, is responsible for the actions of Pellerin and was negligent with respect to the time intervals for pedestrians crossings.

In addition, the City knew or ought to have known of "blind spots" created by "improper mounting of mirrors" on the bus, as well as the dangers of shadows and sun levels in the driver's eyes, the document claims.

The plaintiffs are seeking general damages for the loss of care, guidance and companionship of LeBlanc, special damages and further relief in an amount to be determined by the court, as well as costs.

City spokeswoman Isabelle LeBlanc said the city received notice of the legal action late last week. City officials and the city's insurers are currently reviewing the file, she said.

"At this point, still too early to anticipate what will happen," whether it will proceed to court or be settled out of court, LeBlanc said in an email.