Photo by Whitehorse Star
Photo by Whitehorse Star
The parents of a deceased Fort McPherson, N.W.T. man are suing the Yukon government and a heavy equipment operator over their son’s death.
The parents of a deceased Fort McPherson, N.W.T. man are suing the Yukon government and a heavy equipment operator over their son’s death.
The statement of claim by Julie Anne and Alan Blake Sr. was filed Feb. 6 in Yukon Supreme Court by Whitehorse lawyer James Tucker.
Anne is the administrator of the estate of her son, Alan Blake Jr.
According to the claim, Alan Jr. was driving a semi-tractor trailer at the time of his death on Feb. 11, 2018. He worked for K&D Contracting, and was northbound on the Dempster Highway.
The heavy equipment operator named in the litigation is Steven Bassett. According to the claim, he is employed by the government and is from Dawson City.
On the day of Alan Jr.’s death, Bassett was driving a grader in the southbound lane of the Dempster.
The two vehicles collided at kilometre 441 of the highway. There were no details of the collision provided in the litigation.
Tucker argues in the claim that the accident was caused by alleged negligence on both Bassett’s and the government’s part.
He alleges that Bassett was negligent on multiple fronts, including:
• failing to keep a lookout;
• failing to have proper control of the grader;
• driving recklessly and being indifferent to the possibility of causing harm;
• driving without giving reasonable consideration for other people using the road;
• failing to operate the grader with reasonable care and skill in the circumstances;
• speeding;
• failing to correct his vehicle’s course when a collision was apparent;
• driving the grader when it was in an unsafe mechanical condition, such as possible defective brakes and steering mechanism; and
• driving with no brakes or failing to apply them in time to avoid the accident.
Tucker next addressed the damages allegedly caused by the government. These include the government:
• letting Bassett drive when it knew he was unqualified to do so;
• knowing he was not adequately informed about the proper braking and manoeuvring abilities of the grader;
• knowing the grader was defective;
• not fixing the vehicle’s defects;
• not having the grader serviced or cleaned;
• not equipping the grader with headlights, windshield wipers, tires, warning devices or other items to ensure safe operation; and
• failing to instruct Bassett on the safe use of the vehicle.
“Further, YG is vicariously liable for the negligent acts of its employee, Bassett,” Tucker alleges in the claim.
He argues that due to the alleged negligence referenced above, Alan Jr.’s vehicle ended up in a collision where he died after sustaining serious injuries.
Alan Jr., who was single with no children, was living with his parents at the time.
He paid his parents $1,000 a month, money that was used for household expenses. Tucker argues that the Blakes have suffered a pecuniary loss as a result of their son’s death.
They have also suffered financial losses, such as the expenses for his funeral.
They are asking the court to make several orders, including undisclosed compensation for the pecuniary loses.
They want the expenses incurred by their son’s estate to the tune of $37,500, and are seeking costs.
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Comments (8)
Up 10 Down 5
Uh Huh on Mar 4, 2019 at 7:17 am
No, Margaret Parker, this story is actually about HPW's negligence and lip service in regards to safety which very unfortunately cost this young man his life. The story is about his parents trying to sue for that negligence and HPW's failure to maintain a safe highway.
I do not have a vendetta, but I do have first-hand knowledge of what goes on in the Northern Area and it all falls under that Director. My point is: if they had someone competent doing that job, maybe this young man would still be alive today.
My sincere heart-felt condolences to the family. A tragic loss that most certainly could have been prevented imo.
Up 8 Down 1
Dave on Mar 3, 2019 at 3:18 pm
@Margaret, this story is about legal action being taken against YG TMB that alleges some pretty serious negligence on YGs part. My deepest condolences to the family that lost their son however comments on this site concerning past experience or history of YG TMB are more than valid considering the articles subject which is the lawsuit.
Up 19 Down 3
My Opinion on Mar 2, 2019 at 8:12 pm
@ Like
"You are" supposed to get out of the way. That is why all the lights are flashing. They are plowing the centre line.
Up 10 Down 10
Margaret Parker on Mar 2, 2019 at 6:24 pm
Shame on all of you. Someone has lost a family member and you are using this as your personal soap box against HPW.
@Uh Huh - you sound like an old girlfriend with a vendetta and a bucket full of sour grapes. Grow up. This isn't about you. It is about the Blake family. Condolences to them.
Up 14 Down 4
Yukoner 71 on Mar 2, 2019 at 11:11 am
@ Uh-Huh: It was apparent that YG Transportation Maintenance started getting weak around the mid 2000's on the Director/ Superintendent levels and from your comment it doesn't sound like things have improved much. Back when I was employed there you could set your clock on getting the annual spiel telling everyone that all was well when the boots on the ground knew differently.
I lost track of how many times I heard the phrase, 'From today forward things are going to be different' and just came to recognize that as meaning more of the same was to follow. Hopefully the sad, unfortunate topic of this article is in no way related to that.
Up 17 Down 3
Oh Oh on Mar 1, 2019 at 8:39 pm
The incompetence you speak of is all too common in the upper ranks of YG.
Up 4 Down 20
like the snow plows in the whitehorse area on Mar 1, 2019 at 2:27 pm
Reading this, I wonder if that grader was being operated in a similar manner as the snow plow huge trucks on the Alaska Highway in the Whitehorse area.
The government workers driving the snow plow trucks don't seem to care in the slightest that they are over the center line, and move at high speeds. Everyone has to get out of their way or get killed, and getting out of their way is not always easy in bad road conditions.
Up 21 Down 11
Uh Huh on Mar 1, 2019 at 7:39 am
And who is the Director in charge of these operations? No clue about what actually happens in the Northern Area. How does one get a job overseeing highways operations with a (useless) degree in Geography, no experience with equipment, no experience managing people, no operations experience in general? At least with a new superintendent in the Northern Area, there's some hope that things might be able to change. Now if HPW could just get someone who knows what they're doing in the Director chair....