ACCIDENT SCENE An accident near Faulder in April, 2018 has resulted in two lawsuits. The second was filed in B.C. Supreme Court in Penticton in October, 2019. (File photo)

Okanagan women take road maintenance company to court over washout crash

The incident occurred after washout in April, 2018 near Summerland

A lawsuit has been filed against the company responsible for maintaining a rural road near Faulder, outside of Summerland.

The notice of civil claim was filed Oct. 10, in B.C. Supreme Court in Penticton, by Kaylin Desjarlais against Argo Road Maintenance (South Okanagan) Inc.

Desjarlais claims she was involved in a incident on April 16 at 1:08 a.m., roughly one kilometre west of Mountain View Road in Faulder.

READ ALSO: Accident results from washout

According to the plaintiff’s statement of facts, Desjarlais was travelling west on the road when she encountered an unmarked washout in the roadway. She was unable to avoid the washout and as a result, her vehicle plummeted into the washed out area.

Argo Road Maintenance is responsible for the repair, maintenance and upkeep of the roads near Faulder.

Desjarlais claims she received numerous injuries as a result of the incident. The injures include pulmonary contusion, injuries to her left shoulder, neck, left knee, hips and right hand, headaches, post-traumatic stress disorder, sleep disturbance and bruising.

In addition, Desjarlais stated her injuries have resulted in loss of income and income-earning capacity and have affected her ability to perform certain household duties, according to the statement of facts.

This is the second claim regarding this incident.

In March, Jessica Zorn, the sole passenger in the vehicle, filed a notice of civil claim against Desjarlais, Argo Road Maintenance and the provincial Ministry of Transportation and Infrastructure.

According to the plaintiff’s statement of facts, the collision was caused by negligence on the part of Desjarlais, Argo Road Maintenance and the ministry.

Zorn also stated she received significant injuries, including concussion and traumatic brain injury, as well as injuries to her head, left sinus, face, teeth, right pneumothorax, left shoulder, spine, hips, bowel and right ankle, as well as bruising, internal bleeding and mental injury.

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