Local Law Firms Home > Personal Injury News > Blind Joggers Facing Personal Injury Lawsuit
The incident occurred at approximately 10 a.m. on Jan. 24, 2010 along the Rideau Canal jogging path. In paperwork filed in Ottawa court on Dec. 22, 2011, Lepage claims she was jogging south on the west side of the Rideau Canal when the Dunkerley brothers, their guide joggers, and other people in their jogging group collided into her from behind.
“The collision was caused by the negligence of the defendants, Jon and Jason, who, as elite runners and users of the public recreational path, owed a duty to other users of the path not to create a risk or harm to those users,” the lawsuit says.
The case against the blind brothers also claims they were “running at an unsafe speed given the circumstances, including their abilities, their method of communicating with their guides, the terrain of the path, the size of their running group, and the number of other users of the path at the time.” The case also claims that the running group tried “to pass other users of the recreational path when it was unsafe to do so” and that the nine-member group neglected to share the crowded running path.
Lepage’s personal injury lawsuit states that the blind joggers “owed a duty of care to other users of the recreational path not to create a hazard or situation of danger that the other users cannot avoid.” The case also claims that the running group failed to “take other evasive measures to avoid striking Ms. Lepage.”
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