City suing builder over water damage to archives
Claims roof under repair left exposed during storm
By Bartley Kives
THE city has filed a lawsuit over water damage sustained during a rainstorm that shuttered the City of Winnipeg Archives, a heritage building that originally served as the city’s first public library.
On Friday, the city filed a statement of claim against a Winnipeg construction company contracted to demolish and rebuild the roof of the former Carnegie Library on William Avenue.
The neoclassical structure, completed in 1905, served as the city’s main public library until 1977, when the Millennium Library opened on Donald Street.
The Carnegie Library was converted into the City of Winnipeg Archives in 1994 and started undergoing a series of renovations in 2009.
On June 20, 2013, while work to the roof was underway, heavy rains penetrated the archives. According to an annual report issued later that year by the city’s records committee, approximately 450 boxes of records were damaged during the storm, leading the city to spend $150,000 to repair the archived materials.
The storm also damaged plaster ceilings, fixtures, flooring, walls and woodwork and forced city archivists to move into temporary offices, initially at city hall and later at 50 Myrtle St. in the Pacific industrial neighbourhood.
“We acknowledge the inconvenience to our clients,” city communications manager Steve West said in a statement, adding researchers are being accommodated “to the best of our abilities” on Myrtle Street.
The rehabilitation of the archives building is incomplete, and there is no time frame to reopen the William Avenue building, West said.
In the meantime, the city has taken legal action against Gardon Construction, the firm contracted to conduct the roof repairs. In the statement of claim issued Friday, the city alleges an engineering firm advised Gardon how to ensure no water entered the building when the roof was being replaced.
The city alleges the existing wooden roof and the new steel roof were exposed when the rainstorm hit. The city claims Gardon took “inadequate steps to ensure there would be no water penetration” and is now seeking unspecified damages, interest and costs.
The city’s allegations have not been proven in court, and a statement of defence has not been filed.
Gary Johnson, Gardon’s president and owner, said his legal counsel will review the statement of claim, which he said he received Friday afternoon.
“It surprised me a little bit,” he said in a telephone interview. “We had some small issues a couple of years back, and we hadn’t heard anything since.”
The city last communicated with him 18 months ago, he said, adding he believed the issues had been resolved.
The Carnegie Library was built with a $75,000 donation from Andrew Carnegie, the Scottish-American industrialist who spent 90 per cent of his fortune on philanthropic efforts that included the construction of libraries across Canada, the U.S. and the U.K.
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Copyright (c)2015 Winnipeg Free Press, Edition 16/05/2015
compensation and a little apology would be in nice
I found this article interesting as we have just had information relating to the elderly lady being hit on Burrows and Keewatin. I am sure this article will help the family, as Ms. Manzuik was not compensated for the same mishap. Maybe this article will end up in a little compensation for Ms. Manzuik as well as an apology, which was also not received.
Woman hit by bus speaks out
Says Transit didn’t apologize, compensate
By Kevin Rollason
I N the aftermath of a woman being hit and killed by a Winnipeg Transit bus, Stacey Manzuik says she knows what it’s like to be struck by a bus.
Manzuik said she was walking to work on Nov. 29, 2011, and had just left the curb on Portage Avenue at Carlton Street when an eastbound bus crossing the intersection struck her while trying to avoid her.
“I do remember thinking, ‘You should just relax,’ and then I took a couple of steps off and boom,” she said on Wednesday.
“I was hit by the windshield because a person on the bus sent me a photograph of it. I was off work for nine months. There’s still pain that is always there.
“I’m actually glad I didn’t see it (the bus).”
Manzuik said her injuries included breaking her sternum, but she remained conscious while sprawled on the street.
“When I was lying on the ground, the bus driver stood over me and said he was sorry — I’m sure he didn’t mean to do it.
“But to this day, nobody from Transit has said they are sorry... they wouldn’t even give me a free bus pass.”
She said after her hospitalization, Manitoba Public Insurance covered about 40 sessions of physiotherapy, but since then she has been paying for monthly sessions herself.
Manzuik said she hopes the video cameras on transit buses help determine why a woman was struck by a bus at Keewatin Street and Burrows Avenue on Tuesday. The 72-year-old woman was pronounced dead at the scene.
“It will help her family,” she said. “It’s great they have the cameras.”
Manzuik said she spoke to police at the time of her accident but she doesn’t know what happened to the investigation.
Police spokesman Const. Jason Michalyshen said the investigation is still open because they had trouble getting in touch with the woman. Manzuik said she didn’t know why that was, but she has left a message for investigators to call her. City of Winnipeg spokeswoman Alissa Clark confirmed Manzuik contacted the Transit service in 2011 after beginning a MPI claim. Clark said the Transit service provided video to her and also to police and MPI for their investigations.
Manzuik said she requested the video because she had lingering doubts whether she was crossing on a green light. She said she paid Winnipeg Transit $250 to get the video.
The first part of the video, taken by a camera at the front of the bus, shows Manzuik stepping out in front of the vehicle, which then veers to the left. A second video, taken by a camera pointed at the front door of the bus, shows Manzuik being struck and tossed to the ground.
Manzuik said once she received the video, she knew she had been in the right because she could see a green light pointing toward southbound motorists on Carlton Street.
“I didn’t want to blame someone if it was my own fault.”
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Says Transit didn’t apologize, compensate
By Kevin Rollason
I N the aftermath of a woman being hit and killed by a Winnipeg Transit bus, Stacey Manzuik says she knows what it’s like to be struck by a bus.
Manzuik said she was walking to work on Nov. 29, 2011, and had just left the curb on Portage Avenue at Carlton Street when an eastbound bus crossing the intersection struck her while trying to avoid her.
“I do remember thinking, ‘You should just relax,’ and then I took a couple of steps off and boom,” she said on Wednesday.
“I was hit by the windshield because a person on the bus sent me a photograph of it. I was off work for nine months. There’s still pain that is always there.
“I’m actually glad I didn’t see it (the bus).”
Manzuik said her injuries included breaking her sternum, but she remained conscious while sprawled on the street.
“When I was lying on the ground, the bus driver stood over me and said he was sorry — I’m sure he didn’t mean to do it.
“But to this day, nobody from Transit has said they are sorry... they wouldn’t even give me a free bus pass.”
She said after her hospitalization, Manitoba Public Insurance covered about 40 sessions of physiotherapy, but since then she has been paying for monthly sessions herself.
Manzuik said she hopes the video cameras on transit buses help determine why a woman was struck by a bus at Keewatin Street and Burrows Avenue on Tuesday. The 72-year-old woman was pronounced dead at the scene.
“It will help her family,” she said. “It’s great they have the cameras.”
Manzuik said she spoke to police at the time of her accident but she doesn’t know what happened to the investigation.
Police spokesman Const. Jason Michalyshen said the investigation is still open because they had trouble getting in touch with the woman. Manzuik said she didn’t know why that was, but she has left a message for investigators to call her. City of Winnipeg spokeswoman Alissa Clark confirmed Manzuik contacted the Transit service in 2011 after beginning a MPI claim. Clark said the Transit service provided video to her and also to police and MPI for their investigations.
Manzuik said she requested the video because she had lingering doubts whether she was crossing on a green light. She said she paid Winnipeg Transit $250 to get the video.
The first part of the video, taken by a camera at the front of the bus, shows Manzuik stepping out in front of the vehicle, which then veers to the left. A second video, taken by a camera pointed at the front door of the bus, shows Manzuik being struck and tossed to the ground.
Manzuik said once she received the video, she knew she had been in the right because she could see a green light pointing toward southbound motorists on Carlton Street.
“I didn’t want to blame someone if it was my own fault.”
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Stacey Manzuik on the corner of Carlton Street and Portage Avenue Wednesday. She was struck by a transit bus there on Nov. 29, 2011.
PHIL HOSSACK / WINNIPEG FREE PRESS Powered by TECNAVIA Copyright (c)2015 Winnipeg Free Press, Edition 09/04/2015 |
does this action end in criminal and civil charges?
This article discusses an accident which took place on Burrows and Keewatin in the City of Winnipeg. What kind of charges does the transit driver in this collision have to deal with? Would there be criminal and civil charges laid on this driver? I would think that there would be charges of vehicular manslaughter, which would be criminal. Civil charges would be laid by the family. I wonder if any of the other passengers will be compensated for their pain, suffering and loss of work.
Transit bus hits, kills senior
Passengers in tears over tragic collision
By Jenna Dulewich and Nick Martin
A CITY bus struck and killed a pedestrian at the corner of Keewatin Street and Burrows Avenue during Tuesday morning’s rush hour.
It’s the second serious incident in recent days involving a Winnipeg Transit vehicle.
“It was horrifying, (the body) was on the road right under the tires of the bus,” witness Katie Hamalainen said Tuesday.
“There was a lot of blood everywhere... It was awful. I feel awful for her family.”
The woman was pronounced dead at the scene after the bus hit her around 9 a.m. Shocked and upset bus passengers were transferred to other buses.
The name and age of the victim were not immediately released by police, but people at the scene described the victim as elderly.
Police said there were no other injuries.
Amalgamated Transit Union Local 1505 president John Callahan said Tuesday night the driver had been on the job for about two years.
“I spoke with the driver — very distraught,” said Callahan. “It’s just a horrible situation. Our thoughts and prayers are with the victim’s family.
“It’s what all bus drivers fear in their careers,” he said. “They’re very few and far between.”
Callahan said both the police and Winnipeg Transit will conduct their own investigations, which will include video from five cameras on the bus — one exterior, pointing straight ahead, the rest internal, two of them pointing directly at the exit doors.
“Because they’re professional drivers, they’re held to a higher standard,” Callahan said. “It’s not a question of who’s at fault, it’s whether it could have been prevented.”
Hamalainen, 18, said she was on her way to work aboard another bus that passed by the scene within minutes of the accident.
“I didn’t even realize what had happened until we were passing by and I saw the body,” she said. “A Hydro van had the road blocked and her shoes were in the street.
“It was just really traumatic, and I can’t imagine how difficult it must be for the bus driver himself,” Hamalainen said.
Winnipeg Transit can’t comment on the accident until the investigation is complete, said Transit spokeswoman Alissa Clark.
The bus Hamalainen was on took on about 30 passengers, she said.
“All the people on the bus that hit her went onto mine and a lot of people were crying,” Hamalainen said. “Our bus driver didn’t say anything about it, either... I guess he was in shock, too.”
Callahan said Transit’s critical incident stressmanagement team will debrief the bus driver, with whom Callahan expects to meet this morning.
“They try to get the operator back into the seat as soon as possible,” he said. “Hopefully, he can get past it — some of them don’t get back.”
Burrows Avenue was closed for several hours in both directions, as was southbound Keewatin Street at Inkster Boulevard.
Meanwhile, five people were taken to hospital with various injuries following a collision between a Winnipeg Transit bus and an SUV on Saturday.
The accident occurred at about 3:45 p.m. near the intersection of Kenaston Boulevard and Taylor Avenue. Investigators determined the southbound bus crashed into the SUV, which was about to make a westbound turn onto Taylor.
Three people on the bus, including the driver, were taken to hospital in stable condition.
The two occupants in the SUV were also taken to hospital.
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Passengers in tears over tragic collision
By Jenna Dulewich and Nick Martin
A CITY bus struck and killed a pedestrian at the corner of Keewatin Street and Burrows Avenue during Tuesday morning’s rush hour.
It’s the second serious incident in recent days involving a Winnipeg Transit vehicle.
“It was horrifying, (the body) was on the road right under the tires of the bus,” witness Katie Hamalainen said Tuesday.
“There was a lot of blood everywhere... It was awful. I feel awful for her family.”
The woman was pronounced dead at the scene after the bus hit her around 9 a.m. Shocked and upset bus passengers were transferred to other buses.
The name and age of the victim were not immediately released by police, but people at the scene described the victim as elderly.
Police said there were no other injuries.
Amalgamated Transit Union Local 1505 president John Callahan said Tuesday night the driver had been on the job for about two years.
“I spoke with the driver — very distraught,” said Callahan. “It’s just a horrible situation. Our thoughts and prayers are with the victim’s family.
“It’s what all bus drivers fear in their careers,” he said. “They’re very few and far between.”
Callahan said both the police and Winnipeg Transit will conduct their own investigations, which will include video from five cameras on the bus — one exterior, pointing straight ahead, the rest internal, two of them pointing directly at the exit doors.
“Because they’re professional drivers, they’re held to a higher standard,” Callahan said. “It’s not a question of who’s at fault, it’s whether it could have been prevented.”
Hamalainen, 18, said she was on her way to work aboard another bus that passed by the scene within minutes of the accident.
“I didn’t even realize what had happened until we were passing by and I saw the body,” she said. “A Hydro van had the road blocked and her shoes were in the street.
“It was just really traumatic, and I can’t imagine how difficult it must be for the bus driver himself,” Hamalainen said.
Winnipeg Transit can’t comment on the accident until the investigation is complete, said Transit spokeswoman Alissa Clark.
The bus Hamalainen was on took on about 30 passengers, she said.
“All the people on the bus that hit her went onto mine and a lot of people were crying,” Hamalainen said. “Our bus driver didn’t say anything about it, either... I guess he was in shock, too.”
Callahan said Transit’s critical incident stressmanagement team will debrief the bus driver, with whom Callahan expects to meet this morning.
“They try to get the operator back into the seat as soon as possible,” he said. “Hopefully, he can get past it — some of them don’t get back.”
Burrows Avenue was closed for several hours in both directions, as was southbound Keewatin Street at Inkster Boulevard.
Meanwhile, five people were taken to hospital with various injuries following a collision between a Winnipeg Transit bus and an SUV on Saturday.
The accident occurred at about 3:45 p.m. near the intersection of Kenaston Boulevard and Taylor Avenue. Investigators determined the southbound bus crashed into the SUV, which was about to make a westbound turn onto Taylor.
Three people on the bus, including the driver, were taken to hospital in stable condition.
The two occupants in the SUV were also taken to hospital.
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Emergency crews attend the scene of a fatal collision between a transit bus and a pedestrian Tuesday and a memorial is placed at the scene.
JENNA DULEWICH / WINNIPEG FREE PRESS
JOHN WOODS /WINNIPEG FREE PRESS
JENNA DULEWICH / WINNIPEG FREE PRESS
JOHN WOODS /WINNIPEG FREE PRESS