City of Ottawa, Via Rail, Dave Woodard's estate named in latest bus-train crash lawsuit

The family a 21-year-old Carleton student who died in a fatal collision between an OC Transpo bus and a Via Rail train in September 2013 is the latest to have filed a lawsuit against the city of Ottawa, the train's conductor, and the estate of the deceased bus driver.

Kyle Nash was one of six people killed when OC Transpo bus 8017 collided with the Toronto-bound train at a surface-level crossing near Fallowfield station in Barrhaven on the morning of Sept. 18, 2013.

Among the allegations in the lawsuit, filed by Nash's parents Cynthia and Richard and his brother Geoffrey, are that driver Dave Woodard was "driving at an excessive rate of speed" and that he was operating the bus in a "dangerous manner."

Woodard also "failed to avoid an accident and collision with the Via Rail train when he knew or ought to have known that an accident was likely to occur," the lawsuit claims.

The lawsuit also alleges that:

• the City of Ottawa failed to "properly maintain, repair, and inspect the property" along the tracks where the collision, as well as ensuring that the tracks and the crossing's warning signs were "visible to drivers proceeding northbound along the Transitway."
• Via Rail failed to both "take adequate steps to keep the railway crossing in a state of proper repair."
• Conductor Kevin McCardle "failed to notice the OC Transpo bus in time and implement the train's brakes."

None of the allegations have been proven in court.

PTSD, "major depression" cited

The Nash family's lawsuit is just the latest legal filing against the city, Via Rail, and the estate of Dave Woodard. 

In February, four survivors, including a man who was thrown from his seat near the front of the second level of the double decker bus onto the roadway below, filed a statement of claim detailing serious injuries, long, painful recoveries and lingering emotional trauma.

The Nash family's statement -- filed by London, Ont., law firm Shillingtons LLP -- claims that Cynthia Nash suffers from "acute and chronic post-traumatic stress reaction and major depression" in the wake of her son's death, and that Richard Nash has "sustained the loss of his son's care, guidance and companionship."

Geoffrey Nash, who was 23 months younger than Kyle, has lost both a year of school and someone who "was more than a brother," according to the statement.

The family is seeking a minimum of $675,000 in damages.

Brings number of plaintiffs to 13

The City of Ottawa has already filed statements of defence in response to two other lawsuits filed by the families of victims who died in the collision.

Those statements of defence, made after the city was sued by the families of Michael Bleakney and Rob More, say the "negligence of Via Rail and/or the operators of the Via Rail train" contributed to the crash and claims the city was not responsible for the train or railway.

The city also defended driver Woodard as a "competent, trained and experienced driver" in its defence. 

The Nash family's lawsuit brings the total number of plaintiffs to 13. The city has 20 days to respond to the allegations.