Rain caused a washout of a section of Rumming Road in Lantzville in January and a car and driver plunged into the sinkhole. — Nanoose Volunteer Fire Department/Facebook photo

B.C. woman who was caught in mudslide now suing for negligence

Lawsuit claims road maintenance a factor when car plunged 20 metres into sinkhole near Nanaimo

A Lantzville woman who inadvertently drove her vehicle into massive sinkhole earlier this year is taking legal action.

Karena Donnelly is suing for negligence after she was caught in a mudslide on a rainy night in January.

She was driving along Rumming Road in Lantzville in the early morning hours Jan. 29 when her vehicle suddenly plunged 20 metres down an embankment after heavy rains and a landslide had washed out the road and created a sinkhole.

Donnelly was rescued by Arrowsmith Search and Rescue a little more than an hour after her vehicle was turned upside down in the sinkhole.

RELATED: Woman rescued after mudslide in Lantzville

RELATED: Nanoose fire department sets up fund for woman caught in mudslide

She has now filed a notice of civil claim in the Supreme Court of British Columbia against the District of Lantzville, the Ministry of Transportation and Emcon Services Inc.

Her claim accuses the district, the province and Emcon of “failing to maintain” the road surface in safe condition, ensuring the road wouldn’t be washed away in the event of heavy rain, particularly when they “knew or should have known” that the road was unstable and unsafe for traffic, court documents show. The claim also blames the defendants for not putting any reflective or warning lights around the “unstable portion” of the Rumming Road and failing to maintain drainage structures, storm drains, catch basins and sumps near the roadway.

As a result of the incident, which took place on Jan. 29, Donnelly continues to suffer personal injuries, including anxiety, stress, headaches, sleeplessness and post traumatic stress disorder and has been unable to work, according to the claim.

Donnelly is seeking general and special damages and an undisclosed amount of financial compensation. Her attorney did not respond to a request for comment by the News Bulletin.

Ronald Campbell, the district’s chief administrative officer, said the municipality does not publicly comment on any litigation in which it is involved.



nicholas.pescod@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

Just Posted

Caribou Rainforest book tour arrives in Revelstoke

The book is being released just when caribou have become extinct in the contiguous United States.

Columbia Kootenay Cultural Alliance accepting applications for art grants

Artists in all disciplines—as well as arts and culture organizations—are invited to… Continue reading

Soon-to-be-extinct caribou moved north of Revelstoke

The three caribou are currently being held in maternal pens on the westside of Lake Revelstoke

Syrian family soon to arrive in Revelstoke

Revelstoke for Refuges held an information session at the library on the soon-to-be Revelstokians

Revelstoke resident creates global sport training program

The 20 hour course teaches the science and application of interval training at the university level

VIDEO: Students in MAGA hats mock Native American at Indigenous Peoples March

Diocese in Kentucky says it is investigating the matter, caught on video by onlookers

CONSUMER REPORT: What to buy each month in 2019 to save money

Resolve to buy all of the things you want and need, but pay less money for them

Want to avoid the speculation tax on your vacant home? Rent it out, Horgan says

Premier John Horgan and Sheila Malcolmson say speculation and vacancy tax addresses homelessness

UPDATE: B.C. woman and boy, 6, found safe, RCMP confirm

Roseanne Supernault says both she and her six-year-old nephew are fine and she has contacted police

PHOTOS: Women’s Marches take to the streets across B.C. and beyond

Women and allies marched worldwide protesting violence against women, calling for equality

Anxiety in Alaska as endless aftershocks rattle residents

Seismologists expect the temblors to continue for months, although the frequency has lessened

Women’s March returns across the U.S. amid shutdown and controversy

The original march in 2017, the day after President Donald Trump’s inauguration, drew hundreds of thousands of people

Federal Liberals announce former B.C. MLA as new candidate in byelection

Richard Lee will face off against federal NDP leader Jagmeet Singh

No winning ticket in $10 million Lotto Max jackpot

No win in Friday night’s draw means the next Lotto Max draw will be approximately $17 million

Most Read