By Canadian Press

Lawsuit settled in fatal wheelchair accident at New Brunswick train crossing

Oct 8, 2019 | 8:30 AM

MONCTON, N.B. — Three years after a Moncton man in an electric wheelchair was killed by a freight train at a level crossing in the city, a lawsuit in his death has been resolved.

Court documents claimed Steven Harel was using the wheelchair in a “safe and prudent” manner when it became stuck at the railway crossing in July 2016 and that he waited an “excruciatingly long time” before the train hit and killed him.

Harel’s parents sued CN Rail, the City of Moncton, a wheelchair manufacturer and a medical equipment supplier in New Brunswick’s Court of Queen’s Bench for unspecified damages related to his death.

However, Diane and Yvon Harel now say while they are devastated by the tragedy, they are pleased with work done to improve railway crossings in Moncton and other communities.

Their lawyer, Brian Murphy, said today details of the settlement, including any financial component, will not be released.

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He says there needs to be more awareness of accessibility issues for wheelchair-assisted citizens across Canada.

This report for The Canadian Press was first published Oct. 8, 2019.

The Canadian Press