Family of woman crushed on Elgin sues Greater Sudbury, Interpaving for $2M
Greater Sudbury claims that woman wasn't being cautious when she entered construction site
The family of the woman crushed to death on a downtown Sudbury construction site is suing the city, the contractor and the man who was behind the wheel of the grader for $2 million.
Cecile Paquette, 58, was run over by a grader while she crossed Elgin Street in September 2015.
Benoit St. Jean, the alleged driver of the grader and Interpaving Limited, the company he worked for, are both named in the lawsuit.
The claim states that proper safety measures including flag-men and crosswalks, were not put in place to protect pedestrians from the ongoing construction.
It also lists a range of different possible reasons for the alleged negligence, including the grader being driven too fast, being driven by someone who was "incompetent" and someone who was impaired by "alcohol, drug or fatigue."
"She was very much loved by her family members," the suit reads. "It was expected that if she had lived, she would have continued throughout her life to provide care, guidance and companionship to her family members."
City claims woman wasn't cautious enough
In its statement of defence, the City of Greater Sudbury denies any wrongdoing.
It claims that Interpaving was responsible for safety on its job site and that city officials took "reasonable steps" to prevent such an accident.
The city's statement also says that Paquette didn't take proper care when she entered the construction site.
"Although she was aware of the prevailing condition, she failed to proceed cautiously," it reads.
Interpaving and its employee are being represented by the same lawyer.
The company declined to comment on the lawsuit and has not yet filed a statement of defence.
This is a civil lawsuit, no criminal charges have been laid and none of the allegations have been proven in court.
The Ministry of Labour continues to investigate the death.