Passenger injured in OC Transpo crash suing city, driver

An Ottawa woman whose leg was injured in the January OC Transpo bus crash that killed three people is suing the city, province and bus driver for nearly $6.5 million.

Lynn Ellis and her husband, Martin Fischer, are listed as plaintiffs in the suit, which was filed in court Tuesday.

Ellis is claiming:

• $325,000 in general damages for pain and suffering.
• $2 million in damages for past and future loss of income, including pension benefits.
• $4 million in past and future cost of care.

Fischer is claiming:

• $50,000 in damages for loss of care, guidance and companionship.

The lawsuit alleges that on Jan. 11, 2019, Ellis was seated on the upper level of the double-decker OC Transpo bus driven by AissatouDiallowhen the crash happened, causing Ellis "permanent and serious injuries."

"Upon impact, [Ellis] was thrown from her seat and onto the floor of the upper aisle while her right leg was pinned," the statement of claim reads.

Woman watched friend die, suit alleges

The claim states Ellis sustained "severe orthopedic injuries which will preclude [her] from ever walking properly again," as well as psychological trauma from the experience, which included witnessing her friend, who was seated next to her, die as a result of the crash.

Ellis suffers from nervous shock, difficulty sleeping and post-traumatic stress disorder, the claim states.

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The claim also alleges Ellis'shome is no longer suitable for her to live in, and that she'll need medical help and therapy for the rest of her life. According to the claim, Ellis is no longer able to work and will need to use canes and a walker for the rest of her life.

The suit claims Dialloand the cityare liable for Diallo's alleged negligence, and that the city is liable for both Diallo'salleged inadequatetrainingand forthe design, construction and maintenance of the Transitway and bus shelters. It claims the province is liable for failing to require public transit vehicles to have seatbelts.

None of the allegations has been tested in court.