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Woman injured in bus and train crash sues for breach of contract

Readers may remember the 2013 accident involving a Via Rail train and an OC Transpo bus. The double-decker bus and train collided, killing a total of five and leaving others injured.

While other individuals have filed personal injury lawsuits against parties deemed responsible, a woman who was hurt in the incident recently took a different approach. She filed a breach of contract lawsuit. The basis of the lawsuit is the bus pass she purchased was a contract. Specifically, the "express or implied term" created when the woman purchased the bus pass, that she would not be injured due to unsafe operation of the bus, was breached when the collision occurred. The claim alleges that the city of Ottawa, the bus driver, the train company and two train operators were to blame for the crash.

The woman claims that as she normally did, she took the bus to get to work. She said she was sitting in the second row from the front, on the top level of the bus when the incident occurred. When the two collided, she was thrown from the bus and landed on the ground. She suffered multiple injuries including a concussion, lacerations and several broken bones. Before the crash occurred she said the rate of speed at which the bus was travelling was high. As a result of the injuries she suffered she was unable to work for over a year.

Because others close to the woman were negatively impacted by the woman's injuries, her brother, sister and deceased mother were also named as plaintiffs in the case. While the woman's mother is no longer alive, the hurt woman claims that following the accident she was unable to care for her mother because of the injuries she suffered. They are seeking damages of $475,000.

While claims involving injuries suffered in accidents generally involve the allegation of negligence, it is possible that this approach could result in the receipt of damages as well.

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