Whitehorse Daily Star

Cobalt Construction sued after highway mishap

A local construction company is being sued by a truck driver after he crashed on a stretch of road it was working on.

By Emily Blake on June 9, 2017

A local construction company is being sued by a truck driver after he crashed on a stretch of road it was working on.

William Sumner, a resident of Lebec, Calif., has filed the suit against Cobalt Construction Inc. in Yukon Supreme Court.

Sumner claims losses and damages resulting from the crash were caused by the negligence of the construction company.

According to court documents, the incident occurred in the early morning hours of June 15, 2015 on an area of the Alaska Highway near Beaver Creek that a Cobalt crew had worked on the previous day.

At 2 a.m., Sumner was driving a 1998 Peterbilt tractor truck and pulling a refrigerated trailer, heading north on the Alaska Highway.

As he was travelling through the construction zone, another tractor trailer passed.

That created a big dust cloud that obscured his vision of the road ahead, the approaching truck and the road behind the truck.

The road surface was a mixture of rock, silt and soil.

Sumner directed his truck toward the right side of the road for better visibility and to avoid a collision.

But the roadway collapsed under the tractor trailer, causing it to leave the roadway, travelling off and down the shoulder.

Sumner claims that before entering the construction zone, he had slowed down to a safe speed and was wearing his seatbelt.

The suit alleges that Cobalt was negligent by:

• failing to properly maintain construction zone in a safe and appropriate condition for highway users;

• failing to install any appropriate traffic control signals and ensuring they were in working condition;

• failing to post workers to ensure the roadway was in a safe and appropriate condition for users;

• failing to apply any reasonable dust control measures; and

• generally failing to follow any approved industry safety standards for road construction areas.

It claims that as a result of the crash, Sumner has suffered musculoskeletal injuries and damage to his eyes from the debris.

As a result of these injuries, it says, he has received and continues to receive medical treatment.

The suit also claims that Sumner has suffered a loss of income and earning capacity.

As well, it states that Sumner has “suffered a loss of the quality of life, including the impairment of the ability to engage in domestic, social and recreational activities.”

The suit is claiming general and special damages, prejudgment interests and costs.

This includes the cost of medical services, future health care, home care supplies and other assistance.

Cobalt has yet to respond to the suit.

Comments (5)

Up 13 Down 4

Groucho d'North on Jun 13, 2017 at 1:14 pm

An american working in Canada? Golly I hope he has all the correct paperwork in place or his problems are just beginning....unless he's a refugee.

Up 28 Down 1

comen sence on Jun 12, 2017 at 11:25 am

Good thing he didn't have a cup of coffee from McDonald's when this happened

Up 39 Down 1

Woodcutter on Jun 12, 2017 at 10:26 am

Ate you kidding, people drive thru construction sites here all summer. I think truck driver should be charged for driving too fast for road conditions .

Up 46 Down 1

The Middle road on Jun 12, 2017 at 1:39 am

2 am on a long haul- fall asleep at the wheel, drive off road, blame someone else.
Solution simple : Stop truck and have a sleep before proceeding further

Up 38 Down 9

YT on Jun 9, 2017 at 10:55 pm

The new US health care plan: come to Canada, do something stupid and get hurt, sue, bingo healthcare coverage.
Maybe this is part of the beautiful new plan?

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