If anyone is responsible for the injuries of a Vancouver woman hit by a train at Barnet Marine Park three years ago, it is not the City of Burnaby, according to the city’s latest ruling in a lawsuit in progress.

The city is being sued by Laurie Dunkley, who said she suffered serious injuries, including numerous fractures, soft tissue damage and head trauma, when she was struck by a train in the park on June 27, 2021 .

Dunkley filed a lawsuit in October 2022 against the city, Canadian Pacific Railway and Canadian National Railway Company, claiming their negligence caused or contributed to the collision.

She dropped her lawsuit against CNR in January.

Dunkley said she was at Barnet Marine Park with friends and walking her dog when she was struck, according to her civil action notice.

She said the city had a duty to ensure pedestrians were safe from trains in the park, but failed to properly warn park users of the track’s “dangerous situation.” ironed.

She noted that pedestrians had previously been struck by trains in the park and said the city had not conducted a risk assessment or consulted with train companies to ensure adequate safety measures had been taken.

She also claimed the city failed to inspect and ensure that CPR and CN had provided proper sight lines to the railroad tracks and allowed foliage near the tracks to remain in a “dangerous condition,” obscuring the sight of approaching trains.

Dunkley alleged a long list of failures against the CPR, including failure to follow safety guidelines; do not install signs, lights, bells or level crossing barriers near the railway track; not properly maintaining and lighting the track; not operating the train at a safe speed; failing to provide timely visible and audible warning of the approach of the train; and more.

Dunkley is suing the city and CPR for an unspecified amount for pain and suffering, loss of income, health care and loss of ability to maintain a home.

“Defendants collectively failed to take necessary precautions to ensure that users of the Barnet Marine Park would be reasonably safe from injury caused by trains while using the municipal park,” the complaint states.

But the city and the CPR deny these allegations.

In its response to the civil suit, CPR alleged that Dunkley’s own negligence caused the collision and related damages.

The company said Dunkley was not at or near a public crossing and was entering CPR property at the time of the accident.

CPR alleged Dunkley was walking an unleashed dog on the train tracks around 9:36 p.m. when she was struck, and the Canadian Pacific Police Service issued her a ticket for trespassing a day later.

The company further alleged that Dunkley consumed alcohol or drugs in quantities sufficient to impair his judgment, senses and ability to respond to risks.

“The railroad is no more dangerous in itself than any other mode of motorized transportation,” the civil suit states, “but, to ensure the safe operation of the railroad, it is imperative that the public, including the applicant, ensures his own safety and, among other things, respects the laws prohibiting trespassing on CPR land.

The company denied any negligence and said it operated the train with due care and attention, maintained the tracks and took reasonable steps to avoid the collision, including sounding the train horn when Dunkley was spotted on the tracks and putting the train into “suppression” to stop that.

The city also blamed Dunkley’s negligence for the accident.

“The collision occurred because the plaintiff was walking and/or running on the railroad tracks in an attempt to save her dog, ‘Eva,’ from being struck by a train,” the city’s response to the civil suit states. .

The city denied negligence and said it took reasonable steps to protect park users from the trains, including installing a pedestrian bridge over the train tracks in the middle of the park.

But if Dunkley’s negligence was not responsible for the accident, the city alleged that it was caused or contributed to by CPR.

The city and CPR filed their responses last year.

However, last month the city also filed its own notice of civil suit against CPR.

The city reiterated that it disputes Dunkley’s claims, but alleged – in the event it is found liable – that any injury, loss, damage or expense it suffered was caused in whole or in part by negligence and/or failure to fulfill CPR obligations.

In the notice of civil suit, the city asks the court for a declaration to this effect.

She also requested a declaration as to the degree of fault of each party and a judgment against CPR for any amounts that may be found owed by the city to Dunkley in its lawsuit, as well as all court costs.

CPR has not filed a response to the city’s notice of civil suit.

None of the allegations contained in any of the documents have been tested in court.

The final filing in Dunkley’s lawsuit was a court order issued in January ordering Burnaby RCMP to release documents related to the crash to CPR.

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