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

Creston RCMP respond to noise complaints

Police received 40 calls for assistance from December 4 to December 10… Continue reading

Town of Creston launches citizen budget for 2019 budget consultation

IPad’s have been set up at Town Hall for those who do not have access to the internet to complete the survey.

Ryley Ducharme named second-team all-star at volleyball provincials

By Brian Lawrence For Ryley Ducharme, his third provincial volleyball tournament was… Continue reading

OPINION: The plot being used by the town

Trust is an unaffordable luxury for citizens without recourse to protect themselves from political strategizing.

Man caught on camera allegedly trying to defraud ICBC

Auto-insurer warns B.C. drivers to record info after crashes

Warning issued as forecast calls for 20-foot waves in Tofino

Dangerous waves, strong currents and upper-shoreline flooding expected for Tofino-Ucluelet area

An 800-pound pig named Theodore needs a forever home, B.C. society says

‘Theodore is not destined to be somebody’s bacon’

Teenager Alphonso Davies wins Canadian Men’s Soccer Player for the Year Award

Derek Cornelius and Chilliwack native, Jordyn Huitema were named Canadian Youth International Players of the Year

B.C. teen MMA fighter shows heart

Young Unity MMA competitors bring home Ws

2,000 Canadians died of an overdose in first 6 months of the year

New data from the Public Health Agency of Canada shows the crisis is not subsiding

Another B.C. city votes to ban single-use plastic bags

First six months of proposed ban would focus on education, not enforcement

UK Prime Minister Theresa May wins party no-confidence vote, but troubles remain

May won the vote of 317 Conservative legislators with a 200-117 tally

B.C. trustee’s anti-LGBTQ comments got him barred from schools

Barry Neufeld calls vote to leave him off liaison list ‘workplace discrimination’

Most Read