Whitehorse Daily Star

City faces lawsuit after June collision

By permitting left turns from a service road onto Second Avenue, the city is partly to blame for a motorcycle accident that happened there last June.

By Whitehorse Star on November 16, 2006

By permitting left turns from a service road onto Second Avenue, the city is partly to blame for a motorcycle accident that happened there last June.

That accusation is made in a lawsuit filed in Yukon Supreme Court by Dale Russell Leschart.

The city is one of two parties being blamed for a crash. The other is Keith Forsgren, who, the court documents state, was driving the truck involved in the accident.

The court documents were filed last week. They note that last June 1, Leschart was heading south on Second Avenue when Forsgren pulled out onto the street from a service road between the Shell gas station and the KFC restaurant.

Forsgren, who was driving a city-owned pickup truck at the time, turned left into Leschart's path, the statement alleges.

To avoid colliding with the truck, Leschart laid down his motorcycle, causing injuries to his left foot and hand, right shoulder and left knee.

The accident, the suit claims, was caused in part by Forsgren for:

  • failing to keep a proper or any look-out;

  • failing to see Leschart's motorcycle at a reasonable time or at all;

  • failing to take reasonable and proper steps to avoid the collision;

  • failing to yield the right-of-way to the plaintiff's motorcycle;

  • turning or attempting to turn left from a service road onto Second Avenue without first figuring out if it could be done safely;

  • failing to give a proper or any signal to turn left;

  • failing to keep the truck in proper control;

  • failing to signal for sufficient distance to warn traffic of his intention to turn left; and

  • failing to stop or, in the alternative, reasonably slow down when he knew or should have known an accident could happen.

The lawsuit notes the city's part in the accident by failing to prohibit left turns from the service road onto Second Avenue.

Leschart suffered a bruised right shoulder, scrapes to his left knee and further injures to his left foot and hand, the court papers say.

The injuries have and continue to cause Leschart pain, suffering, loss of enjoyment of life, permanent disability and the loss of earnings past and future, it's claimed.

While the court documents don't state a specific amount of money Leschart is seeking, his claim is for health expenses, as well as general damages, special damages, court costs and interest.

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