Whitehorse Daily Star

Motorcyclist presses lawsuit

A California man who broke his leg after losing control of his motorcycle last summer is suing the Yukon government.

By Whitehorse Star on August 19, 2005

A California man who broke his leg after losing control of his motorcycle last summer is suing the Yukon government.

Philip Gable, an electronics engineering technician, says in his Yukon Supreme Court claim that unstable road conditions caused him to crash.

The Department of Highways and Public Works failed in its responsibility to maintain safe roadways, the suit says.

By leaving the surface of the highway in a condition that was dangerous to people 'lawfully using the highway,' the department was negligent, causing or contributing to Gable's injuries, court documents say.

The crash occurred at around 4:40 p.m. on Aug. 8, 2004.

Gable was riding his 2002 Harley-Davidson motorcycle north on the Alaska Highway near the Koidern River.

He entered an area of road construction that was marked with a sign and found the road impassable, consisting of large pieces of loose gravel without pack to stabilize it, his suit says.

Gable crashed at the speed of 10 kilometres per hour, fracturing his left leg.

Immediately after the accident, he witnessed two other motorcycle riders crash in the same construction area, court documents say.

Gable was hospitalized for 16 days after the crash while recovering from his injuries.

The suit also says Gable had passed through construction areas on the Alaska Highway earlier. They were marked with identical signs and he was able to navigate the road surface at the other construction sites, unlike the portion on which he crashed, the suit states.

Gable underwent replacement surgery on his left knee and multiple other surgeries. These, among other injuries, continue to cause Gable pain as well as incurring costs for medical expenses, says the claim.

He also suffers long-term physical disabilities, according to court documents.

The government is being held responsible, the suit says, because it didn't take 'reasonable care' to ensure the highway was safe for two-wheeled vehicles. For example, it should have put something temporary over the gravel to make it navigable for motorcycles, like plates, the claim states.

No court date has been set for the case.

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