Parents of man killed by train suing CN, City of Moncton

The parents of a Moncton man who was killed when he was struck by a train in July 2016 have filed a lawsuit related tohis death.

Steven Harel, who used an electric wheelchair, was hit by a CN train July 27, 2016, as he was crossingrailway tracks on Robinson Street.He died at the scene.

His parents, Diane and Yvon Harel, have filed a lawsuit against CN Rail, the City of Moncton, Invacare Canada and Embracor Medical.

The statement of claim alleges that Harel's wheelchair became stuck and immobilized on the railway crossing.

It says Harel waited an "excruciatingly long time" before the train collided with and killed him.

The suit claims, among other issues, that CN and the City of Moncton were negligent by failing to properly inspect, maintain and repair the railway crossing and street for the safe use of wheelchair users.

It also describes the wheelchair, which the claim says was manufactured by Invacare and sold by Embracor, as "unreasonably dangerous" to users because of a defect and saysthe companies did not provide appropriate instructions on its use.

None of theclaims have been proven in a court of law.

Case about improving safety, parents say

Diane Harel said she and her husband decided to pursue the lawsuit with the goal of making Moncton streets safer for other residents with disabilities.

"These people have a right to get around the cityand be safe," she said.

Their lawyer, Brian Murphy, also stressed his clients are not pursuing the case for money but to send a message "that there is a danger there."

They are requesting punitive or exemplary damages fromone or all of the defendants, he said.

"It's not a situation where we want to go to mediation, sign confidentiality agreements and get a lot of money," he said.

"That's not what this is about. This is about, from the parents' point of view, who lost a very vibrant, caring, happy son, they want this to be something that either improves the safety or life of people like Steven, and prevents future accidents."

All four defendants declined to comment on the case, with spokespersons for each saying they couldn't comment on pending litigations.

Jonathan Abecassism, a spokesman for CN, said the Harel's deathwas a "terrible tragedy" but he could not comment further.