The family of another passenger killed in September’s bus-train crash is suing the bus driver’s family and the city, the third lawsuit filed against them.
Rob More, 35, was killed when his OC Transpo double-decker bus collided with a Via Rail train in the south Ottawa community of Barrhaven Sept. 18.
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According to the lawsuit filed March 25, Julie, Michael and Rebecca More are seeking $600,000 from the City of Ottawa and the estate of driver Dave Woodard.
The lawsuit alleges Woodard was inattentive, failed to keep the brakes of the bus in proper condition or failed to apply them in a timely manner and was an incompetent driver lacking reasonable skill and self-command.
It also alleges Woodard was driving too fast and his ability to drive was impaired by drugs, alcohol, disease, use of a cell phone or being in "such generally poor mental and physical condition to such an extent he was unfit to operate or control the bus."
The lawsuit alleges the city failed to keep the bus' brakes in proper condition, failed to train Woodard to properly operate the bus, made unreasonable scheduling and work hour decisions for Woodard and other employees and let Woodard operate the bus when it knew or should have known he was incompetent.
The family said they shared a "very close, loving and supporting relationship" with More, who lived with his sister Rebecca during the week and his parents during the weekend.
Two other lawsuits against driver, city
The family of Michael Bleakney, a 57-year-old engineer for Public Works and Government Services, sued Woodard’s family and the city in January.
They’re asking for $1.8 million for loss of care, guidance and companionship, alleging in part that the driver “drove in a dangerous, careless or reckless manner” and fell asleep at the wheel.
The lawsuit also alleges the city allowed Woodard to drive when they should have known he was incompetent or impaired and allowed the bus to be driven despite its mechanical condition.
Passenger Humayun Sharif survived the crash and is suing Woodard’s family for $800,000, saying he was disfigured permanently and the driver was negligent.
The city is also named in his lawsuit, accused of failing to ensure Woodward received proper training and failing to properly maintain the bus.
None of these allegations have been proven in court.
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