Lawsuit filed in death of man in wheelchair struck by train in New Brunswick

MONCTON, N.B. — The family of a man who was struck and killed by a train after his wheelchair allegedly got stuck at a crossing in New Brunswick has filed a lawsuit in his death.

Steven Harel’s parents are suing CN Rail, the City of Moncton, a wheelchair manufacturer and a medical equipment supplier in New Brunswick’s Court of Queen’s Bench for unspecified damages related to his death in July 2016.

A statement of claim alleges that Harel was crossing the railway tracks in Moncton when his electric wheelchair became stuck and was immobilized for an “excruciatingly long time” before he was hit by a CN train and died.

The lawsuit details several claims, none of which have been proven in court, including accusing CN Rail and the City of Moncton of neglecting their “duty of care” to inspect, maintain and fix the railway tracks, crossings and city streets.

Court documents also allege the city and the railway company were both aware that the railway track was a source of accidents for wheelchair users, and failed to take corrective measures.

The documents say Invacare Canada and Embracor Medical are also liable in Harel’s death for their respective roles in providing him with a wheelchair that the lawsuit claims was “unreasonably dangerous” due to an alleged defect.

Representatives for the City of Moncton and CN Rail both declined to comment on the case, citing pending litigation, and the other two defendants could not immediately be reached.