Laurie Dunkley said she sustained numerous fractures, soft tissue damage and a traumatic brain injury, when she was hit by a train while walking her dog at Barnet Marine Park in June 2021.
If anyone is to blame for injuries to a Vancouver woman hit by a train at Barnet Marine Park three years ago, it's not the City of Burnaby, according to the municipality's latest move in an ongoing lawsuit.
She said the city had a duty to make sure pedestrians were safe from trains at the park but failed to properly warn park users of the "dangerous and hazardous situation" of the rail line. Dunkley alleged a laundry list of failings against CPR, including failing to follow safety guidelines; failing to put up signs, lights, bells or crossing gates by the rail line; failing to properly maintain and light the track; failing to operate the train at a safe speed; failing to provide a timely, visible and audible warning of the train's approach; and more.
The company said Dunkley wasn't at or near a public crossing and was trespassing on CPR land at the time of the crash. "The railway is no more inherently dangerous than any other motorized mode of transportation," stated the civil claim, "but, to ensure the railway's safe operation, it is imperative that the public, including the plaintiff, look out for their own safety and, amongst other things, obey the laws against trespass on CPR’s land."
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