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

Bill passes to make Sept. 30 National Day for Truth and Reconciliation statutory holiday

Residential school survivor Phyllis Webstad and CRD Area F director Joan Sorley were in Ottawa for the vote

Wally Webber elected to fourth term as Nuxalk Chief Councilor

Webber took the win with 174 votes out of a total of 389

Bella Coola expected to be hottest spot in B.C. today

Temperatures are predicted to rise to 18 C

B.C. minister says rural internet is ‘railroad of the 21st century’

Jinny Sims talks details about the $50-million provincial and possible $750-million federal funds

IT’S OFFICIAL: Mt. Timothy sale complete

New owners looking toward year-round mountain resort facility

Protective human chain forms around Victoria mosque for Friday prayer

Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

2 fires in Victoria caused by cigarettes prompts warning from deputy fire chief

Two separate fires caused by cigarette butts were avoidable

‘Families torn apart:’ Truck driver in fatal Broncos crash gets 8-year sentence

Judge Inez Cardinal told court in Melfort, Sask., that Sidhu’s remorse and guilty plea were mitigating factors

Boy who went missing from park remains largest probe in Victoria police history

The four-year old Victoria boy went missing without a trace on March 24, 1991

WestJet sticking with Boeing 737 Max once planes certified to fly

WestJet had expected to add two more of the planes this year to increase its fleet to 13

B.C. driver caught going 207 km/h on motorcycle along Okanagan Highway

A motorcyclist was caught by Kelowna RCMP going 207 km/h on Highway 97C

Protective human chain forms around B.C. mosque for Friday prayer

Vancouver Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

B.C. fire department offers tips to keep your home safe during wildfire season

With wildfire season getting closer, the Penticton Fire Dept. offer tips to keep your home safe

Fierce house cat spotted as ‘aggressor’ in face off with coyote in B.C. backyard

North Vancouver resident Norm Lee captures orange cat versus coyote in backyard showdown

Most Read