Third lawsuit filed related to Port Mann ‘slush bomb’ incident

SURREY — A third lawsuit has now been filed related to the slush bombs that fell on drivers crossing the Port Mann Bridge in the winter of 2012.

According to a notice of civil claim filed in New Westminster Supreme Court in August, Teresa De Jesus Faria Macedo is suing Transportation Investment Corp. (TI Corp.), the company that operates the Port Mann/Highway 1 project, and three other companies involved in the construction of the bridge, over the slush bomb incident on Dec. 19, 2012.

Court documents state she was driving westbound attempting to cross the bridge that day and was injured when ice and snow plummeted on her windshield causing it to shatter.

The impact caused snow, ice and glass to cover parts of the inside of the vehicle resulting in injury.

The suit claims Macedo sustained injuries as a result of the incident including headaches, nervousness, sleeplessness, shock and trauma.  

The suit claims her injuries and losses occurred due to the unsafe and hazardous design of the bridge.

The three other companies named in the lawsuit are Kiewit/Flatiron General Partnership, Flatiron Constructors Canada and Peter Kiewit Infrastructure.

None of the allegations have been proven in court and the other parties have yet to file a response.

Documents list a number of alleged incidents of negligence against the defendants, including failing to properly maintain, repair and inspect the bridge, failing to properly design or supervise the bridge and failing to properly construct snow and ice removal equipment necessary for the maintenance of the bridge.

Macedo, a Surrey resident, is seeking general and special damages and the recovery of health care costs.

In May, Caryl-Lee Obrecht and Roberta Lessard filed the first two lawsuits related to the slush bomb incident. 

In the Lessard case, TI Corp. and the other three companies filed a response denying all the claims made in the suit.

The company claimed the buildup and release of ice and snow from the bridge was the result of a "confluence of extreme environmental conditions both unforeseen and unforeseeable to the defendants or any of them and was the inevitable result of an Act of God."

TI Corp. is the only defendant named in Obrecht’s suit and it has yet to file a response.

Just a few weeks after opening in December 2012, the bridge was shut down for part of a day when the "slush bombs" fell from cables.

Motorists filed hundreds of ICBC claims as a result. Afterwards, custom-designed cable sweepers were fitted around the bridge to prevent similar incidents from happening.

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