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City of Nanaimo named in civil suit by cyclist

Bike accident on Townsite Road in 2015 leads to civil action

A resident is suing the City of Nanaimo and several other organizations, claiming to have been injured after his bicycle struck a speed bump that wasn’t visible to road users.

Aubrey Robertson filed a notice of civil claim in June with the Supreme Court of B.C., including against the City of Nanaimo, Nanaimo Yacht Club and the Nanaimo Port Authority, stemming from a bicycling accident in 2015.

The notice says Robertson was riding in a designated bike route on Townsite Road and the front wheel came in contact with an elevated piece of blacktop, similar to a speed bump, that caused him to go over the handle bars and hit the ground. He fractured his elbow and sustained injuries such as to his ribs and head.

The document claims the elevated black top had at one time been painted yellow, but the paint was gone from it across the entire road except for some at the very edges near the curb and that there were no warning signs of a hazard, speed bump or obstruction on or near the road. The injuries, harms and losses were caused solely by the negligence of the defendants, it states.

Robertson is seeking relief, such as general and special damages and past and future costs of health care services.

Robertson declined comment when contacted by the News Bulletin. Sheila Gurrie, City of Nanaimo clerk, said the city is aware of a claim but has not been served.

Nanaimo News Bulletin