Case sparked by Outer Ring Road fatality called in court

Rosie Mullaley
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The case sparked by the death of a Department of Transportation engineer on the Outer Ring Road two years ago was called in provincial court in St. John’s this morning.

Defence lawyers representing three employers — charged with violating occupational health and safety regulations — told Judge Colin Flynn that while they have received the evidence in the case from the Crown, they will need more time to review it.

The case will be back in court Oct. 9.

Mike King, a defence lawyer, is acting as an agent for the prosecution, while defence lawyers on the case are Randy Piercey (representing the province’s Department of Transportation), Linda Bishop (for the City of St. John’s) and David Eaton (for Irving Oil).

The provincial government charged all three employers following the fatal accident, which happened July 5, 2011.

The man killed was a senior engineer from the Department of Transportation’s soil lab, who was inspecting the road.

Besides the Transportation worker, two other men were injured, one of them a City of St. John’s engineer.

The driver of an eastbound SUV had lost control and collided with the three men.

All three employers have been charged with six counts: failure to provide a safe workplace; failure to provide instruction and supervision; failure to provide necessary protective clothing and devices; failure to ensure safe procedures were followed; failure to ensure effective traffic control and failure to ensure that there were work procedures to promote the safe interaction of workers and their work environment.

On top of that, both the City of St. John’s and the provincial government have been charged with failing to conduct their undertaking in a manner that protects other employers’ workers.

Twitter: @TelyCourt

Organizations: Department of Transportation, Irving Oil

Geographic location: Outer Ring Road

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Recent comments

  • gord
    July 30, 2013 - 22:17

    This is bull and they know it. The only charge is to the driver for undue care and caution. Reflective clothing and signage would not have changed the outcome. This past weeks fatality on the west coast with arrow board lights, signage and person wearing "PPE" personal protective equipment didn't appear to protect from a driver.