Two Top Paralympians Jon and Jason Dunkerley from Canada who were both born totally blind, are currently being subject to a personal-injury lawsuit for crashing into another runner on a early morning jog along Ottawa's Rideau Canal in 2010.
Amazingly the brothers are being sued for $350,000 in a judgement of claim lodged by jogger Mimi Lepage, who has since had to have hip surgery following the collission on the morning of Jan. 24, 2010.
Mimi Lepage statement of claim reports that she will need rehabilitation and therapy for the rest of her life, citing tears of the hip, and injuries to her elbow and shoulder. However none of the allegations have been proven in court.
The collision occured around 10 a.m. on Jan. 24, 2010 along the Rideau Canal jogging path.
The claim reports that after the collision the Dunkerleys dropped on top of Lepage, injuring her so badly she had difficulty walking and has been not able to tend to housekeeping, let alone run.
“The collision was caused by the negligence of the defendants, Jon and Jason, who, as elite runners and users of the public recreational path, owed a duty to other users of the path not to create a risk or harm to those users,'' the statement of claim alleges.
This Funny Lawsuit against the blind runners also claims they were “running at an unsafe speed given the circumstances, including their abilities, their method of communicating with their guides, the terrain of the path, the size of their running group, and the number of other users of the path at the time.''
The lawsuit also alleges that the group of runners attempted “to pass other users of the recreational path when it was unsafe to do so'' and that the nine-member formation failed to share the popular jogging path.
Lepage's statement of claim alleges that the blind runners “owed a duty of care to other users of the recreational path not to create a hazard or situation of danger that the other users cannot avoid.''
The claim also states that the running group failed to “take other evasive measures to avoid striking Ms. Lepage.''
Lepage also named her son, born in 2002, as a plaintiff in the claim. In that part of the claim she has cited “loss of care, guidance and companionship.''
Reached Thursday, Jon Dunkerley, 31, told the Ottawa Citizen that he feels “horrible'' about what happened to Lepage but said it was an accident. He said he is seeking legal advice with the full intention of vigorously defending himself, as is his brother.