Bus crash survivor alleges negligence in $6M lawsuit

One of the survivors of the January OC Transpo bus crash that killed three people has filed a multi-million-dollar lawsuit,alleging negligence by the transit agency, the bus driver and the City of Ottawa.

GwenLambert was sitting on the top deck at the front of the westbound route 269 bus when it slammed into an overhang atWestborostation, according to her lawyer Derek Nicholson.

She was one of 23 people injured in the Jan. 11 crash.

According to a draft of the $6.375-million lawsuit the same as the one filed in court Lambert's injuries will mean a loss of future incomeand a hefty bill for her physical and psychological recovery.

"She'sreally a strong person and very positive, so hopefully she'll get well. That's the main thing," Nicholson said. "But if she has financial losses we want to make sure that they're compensated for."

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The lawsuit also claims Lambert suffered emotionally after seeing her fellow passenger andcoworker BruceThomlinsondie of his injuries, Nicholson said.

Lambert declined to speak to CBC News, referring questions to her lawyer.

The Province of Ontario is also named in the suitfor allegedly failing to require seat belts on transit buses. None of the claims have been proven in court.

In a brief statement, Rick O'Connor, City of Ottawa clerk and solicitor, said the city "has no comment on the case while it's before the courts."

A spokesperson for the OntarioMinistry of Transportation also declined to comment, saying it would be "inappropriate" at this time.

Long road to recovery

Other plaintiffs in the suit include Lambert's son, two sisters and brother, who claim Lambert's injuries resulted in a "loss of care guidance and companionship," according to the draft.

They say in the suit that Lambert's recovery will be an uphill battle, and that she won't be able to walk at all for at least a year after her surgeries.

Lambert is claiming$4-millionfor long-term care, includingphysiotherapy, and a potential move to a newhome that`sa better fit for her new accessibilityneeds,according to the suit.

"The crushing injuries to her legs will require her to have long-term care," Nicholson said. "And that's true, I think, of a lot of people that were in that accident."

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The suit seeks another $2 million in damages for lostincome, saying Lambert will "be unable to complete additional years of service"as a government employee and therefore won't be able to accrue additional pension benefits.

Bus driver named in suit

The lawsuit also makes several claims regarding Aissatou Diallo, who was driving the bus at the time of the crash.

Lambert and her co-plaintiffs claim the City of Ottawa and OC Transpo were negligent for failing to ensure Diallo was "properly trained, fit and competent to operate the bus."

In the months before the crash, Diallo was involved in another collision at St.Laurent station. OC Transpo has so far not released any information about her driving record.

Diallo was arrested by police at the scene and taken in for questioning, but was later released without charges. Police have said impaired driving has been ruled out as a cause of the crash.