Ottawa resident Mimi Lepage is suing Canadian Paralympians Jon and Jason Dunkerley, their guides and the Ottawa Lions Track and Field Club for $350,000 for injuries sustained in a collision along the Rideau Canal the morning of Jan 24, 2010.
Lepage filed her personal injury claim in an Ottawa court on Dec 22, 2011.
In her claim, she states that she will require ongoing treatment and therapy for hip, elbow, and shoulder injuries.
Since the initial crash in 2010, Lepage has had hip surgery to allegedly treat damage sustained in the accident.
According to the claim, Lepage was jogging along the canal when the Dunkerley brothers and members of Lyons club running group collided with her from behind and fell on top of her.
“The collision was caused by the negligence of the defendants, Jon and Jason, who, as elite runners and users of the public recreational path, owed a duty to other users of the path not to create a risk or harm to those users,” the statement of claim alleges.
The lawsuit also alleges that the group of runners attempted “to pass other users of the recreational path when it was unsafe to do so” and that the nine-member formation failed to share the popular jogging path.
Lepage, who holds a law degree from the University Of Moncton, states that she has been injured so badly that she cannot run or perform basic housekeeping chores.
For their part, the Dunkerlys have publicly expressed regret. Jon Dunkerley told eCanadaNow that he feels “horrible” about what happened, but insists that it was an accident.
“Right now we are working on our defense and when it is submitted, we feel that the evidence that we have gathered will speak volumes as it pertains to the unfortunate incident that took place on January 24th 2010,” Dunkerly explained.
Members of the running community have questioned Lepage’s injury claims, pointing out that she ran a 10k race shortly after the incident.
According to the website, SportsStats.ca, Lepage ran the Minto Run for Reach on April 10, 2010 – Less than 3 months following the collision.
Lepage completed the race in 53 minutes.