2nd lawsuit filed over crash on washed-out backcountry road

A second lawsuit has been filed against the company responsible for maintaining an Okanagan backcountry road where a car plunged into a washed-out section of roadway.

Driver Kaylin Desjarlais and passenger Jessica Zorn suffered serious injuries in the single-vehicle crash on the gravel road between Summerland and Princeton in April 2018.

In a suit filed in B.C. Supreme Court in Penticton on Oct. 10, Desjarlais alleges Argo Road Maintenance was negligent for not maintaining the road in a safe condition, and did not adequately warn motorists of dangerous conditions.

It follows a notice of civil claim filed to the court on March 29 by Zorn, who is suing Desjarlais, Argo and the Ministry of Transportation and Infrastructure for negligence.

Zorn's suit alleges various acts of negligence against Desjarlais, including using an electronic device while driving, failing to keep a proper lookout and excessive speed.

Zorn also accuses the ministry of failing to safely design and build the road, and alleges the ministry did not respond to complaints about water build-up on the side of the road that led to the washout. 

Her allegations against Argo are similar to those made by Desjarlais.

Desjarlais says she suffered injuries to her shoulder, neck, knee, hips and hands in the crash. She claims it left her with post-traumatic stress disorder, headaches and difficulty sleeping, and that her injuries have resulted in loss of income and enjoyment of life.

Zorn, in her suit, says she suffered numerous injuries including spine and face fractures, internal bleeding and a concussion.

Both plaintiffs are seeking unspecified compensation.

Statements of defence have yet to be filed in both lawsuits.