Federal government suing Moncton, says negligence resulted in postal worker’s fall

The City of Moncton is facing a federal lawsuit claiming negligence by the municipality after a Canada Post worker fell on a street allegedly covered in ice.

The claim, which has been filed in the Court of Queen’s Bench by the Attorney General of Canada, alleges the postal worker suffered personal injury, damage and loss after she fell on the street “covered in layers of ice” on Jan. 16, 2017.

A statement of defence hasn’t been filed in the case as of Thursday afternoon, and the allegations have not been proven in court.

The allegations claim the woman, Sherry Bainbridge, delivered mail to a home on Burbank Court, and despite wearing winter boots with gripper soles, fell when she stepped back onto the street.

The statement of claim alleges the postal worker was delivering mail to a home a Burbank Court residence before falling on the street

Isabelle LeBlanc, Moncton’s director of communications, says the city won’t comment on the situation during the lawsuit.

LeBlanc says residents’ safety is “a top priority” for the city, adding the snow removal plan is updated annually.

“It provides details as to how snow clearing operations occur, as well as the level of service provided,” LeBlanc said in a statement. “In addition to our efforts to ensure public safety on our roads and sidewalks, it is everyone’s responsibility to use caution when walking or driving in winter conditions.

“Throughout the season, public communications is often issued advising the public that walking and driving may be a challenge and that caution is highly advised,” the statement continued.

Meanwhile, in 2018, WorksafeNB reported 1,208 lost-time claims as a result of slips, trips and falls. Of those, 418 were winter-related, according to a statement from Gino Thomas, who is a senior ergonomics consultant.

The statement of claim says Bainbridge was unable to “perform services” for Canada Post, but says she did receive compensation through the Government Employees Compensation Act.

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