Racer Sues COP over Speed Bump
Justice Virgil Moshansky, in a written decision released yesterday, found the Canadian Olympic Development Association responsible for David Jetz's injuries.
Jetz, 25, was riding his road bike when he was thrown to the ground Aug. 4, 1998, after hitting a speed bump along Canada Olympic Road. HIT SPEED BUMP
The national-level competitor was travelling at an estimated 30 km/h when he struck the newly-installed speed bump as he was riding down the steep roadway.
The device was put in July 31, 1998 "as a traffic calming measure," the judge noted.
Moshansky rejected arguments from CODA lawyer Todd Lee that Jetz was trespassing on the property because a sign erected the same day as the speed bump told cyclists to buy a park ticket.
"If CODA was serious about cyclists requiring a ticket in order to enter the park, why were the entrance gates unmanned?" Moshansky said.
He said the "cyclists please" sign asking for tickets to be purchased also confirmed the association was not only aware riders were using the road, but were being encouraged to do so.
SIMILAR CRASHES
Moshansky also rejected the suggestion Jetz contributed to his injuries by riding too fast, or not keeping a proper look out.
He noted two witnesses called by Jetz's lawyer, Robert Simpson, suffered similar fates within 24 hours of his client's crash.
Both Mark Saar and Chris Dusik testified they crashed their bikes coming down the same hill.
Moshansky said the speed bump was not constructed to "recognized standards" and a "speed hump" was more appropriate for such a roadway.
"It presented an unusual danger to cyclists using the roadway," he said.
Following the three crashes, CODA painted the speed bump a bright yellow, with orange markings on either end.
The $67,500 in damages was agreed to before the trial, which proceeded on just the issue of liability.
The extent of Jetz's injuries were not mentioned in the ruling.
Editor's Note - Is this what our sport has come to? In the future, before you start bagging on parks (COP in particular) about their reluctance to build the craziest stunts, read this story again. Remember, it was a fellow mountainbike racer riding over a bloody speed bump (no pun intended). This is a serious slap in the face to our sport!
