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NEWS § photos Cindy Goodman

COMPLAINTS REGARDING the treacheraus conditions on the Upper Levels Highway during
the rain are not new and, as the summary at right indicates, they fell mostly on deaf ears.

er Levels cras!

promp

Poor highway
naintenance
cited by suit

JAMIE COLTART is not alone
in the belief that water and
highways do not mix.
Unfortunately he ended up
being living proof of just that.

By Robert Galster
Contributing Writer

Coltart was rendered a quadri-
plegic in a tragic October 1992
accident on the Upper Levels
Highway near the Taylor Way exit
in which his ¢cr lost control and
slammed into a concrete barrier. He
says the accident was caused by an

ts court a

accumulation of water on the pave-
ment ‘which caused his car to
hydroplane and lose control.

The Highways Ministry fol-
lowed up the accident with a bill to

Coltart’s ICBC insurance policy for $4,115 for damages sus-

tained by the barrier.

JAMIE COLTART (above) alleges the 1992 accident that left
him a quadriplegic was a result of poor drainage. His trial
is scheduled to begin May 23 in 8.C. Supreme Court, but in
the meantime he has to make do on $1,700 per month.
near the accident site “before Oct 2,
1993."

But according to decuments obtained

A STRETCH OF HIGHWAY |

ff Nov. 29, 1988
District of West Vancouver Direstor of Opetations BA. Lombert to.
Ministry of Transportation and Highways Regional Director Dave.

- Cunliffe, regaraing the condition of Upper Levels Highway outlining |
" his concern over:

“prevalence of conditions k leading to ‘aquaplaniag and momentary,”

_ Joss of vehicle control Airing the frequent heavy downpours 'y we:

experience.”.
a March 10, 1992"

| District Highways Manager Peter Milburn’ resporids to a letier from.
~ West: Vancouver-Capilsno MLA ‘Jereniy Dalton outlining the MLA’s ©

concerns over the state of the Upper Levels Highway by stating: :

“The specific areas you’ve mentioned wilt be examined and, it war-"
i ranted, remedial action will be taken.”
1° Ml Oct, 24, 1992

& Dalton writing to then-Highways Minister Art Charbonneau repeats’

his concer over the Upper Levels Highway.
four days before Coltart’s accident:
“+ .when it rains (often on the North Shore!) :

q

the westbound jane west of the Capilano,”

Bridge has a’good ‘deal of water. running
-down it, Cars are subject to hydroptaning,”
2 Dec. 18,1992.

‘Charbonneau writes back ‘wo Dalton assure. :

“dng bim no problem exists on the highway: "
: aN can assure you that the ministry < ew

‘ instr. sufety ‘Design’ Engine David Lee |
te to District Highways Manager Peter

‘ condition ‘of the highway:

“lt has becn brought: to’ our, ‘attention tha
e the Upper Levels Highway near.the Tayto
rt May € Overpass may: -have a drainage prob-

BA May 3, 1993
f ‘Mintetry; ‘3 North ‘Vancouver Arta Manager

“R.. Pearson , writes’ to Capilano Highway |

regional manager.
Drummond asking for information
‘Ing condition of Upper Levels Righway:

om ‘we! ve recelved miny complaints :.. relative to Highway #1, pave:

ment defects that collect ‘or, contain funoff in. quantities that may ;. i
‘ cnmpramise user safety.’

% Oct. 15,1993:

" Dalion to 'Ministry District Highways Manager Bul Bal
his concerns and using Coltart’s accident as a prompt for éctior

Collart is suing the Ministry of Transportation and
Highways and their contractors, Capilano Highway Services,
for. damages. His statement of claim alleges that “poor
design, improper drainage. improper drainage of existing
. drains and improper maintenance in gencral” is responsible

. for his tragedy.

' For his part, Coltart says he is now a shadow of his for-
mer self. n

“(The accident) has changed my life in every way one can
conceivably think of,” said Coltart. “I used to be a very active
person ... | had a tremendous amount of energy.”

, A series of Ministry of Transportation and Highways
memos and correspondences obtained by the News show that
_drainage on the Upper Levels Highway was not only not a
“new problem, but also one that the ministry should have been
‘aware of.

Letters to the ministry from concerned citizens, a munic-
ipality and an MLA started as far back as 1988 when West
Vancouver District sent the ministry a letter concerning the
- sorry and dangerous state of the highway. (See sidebar for
summary.)

On Aug. 31, 1993. over 10 months after Coltart’s acci-
dent, Ministry Area Manager Trainee Marion Blank wrote to

'~ Highway Safety Engineer Simon Leung and stated that the

maintenance contractor would ‘be installing a catch basin
PRD RON,

by the News through an application to the
ministry's Freedom oof — fnformation
Branch, the esatch basin was not installed
until Oct, 27, 1993 ~— one year less a day
after the accident.

In its statement of defence, the Highways Ministry claims
that “the accident was caused solely by (Coltart's) negligence
w. in driving atan excessive rate of speed and without duc
care and attention in light of the weather and road conditions
prevailing, in driving when bis res and brakes were inan
inadequate or defective condition, and in driving while his
ability to do so was impaired by alcohol, drugs or fatigue.”

Coltart, whe has been through the Ross Bentley driving
school, says his driving skills were sharper than those of the
average motorist, but not to the point of cockiness,

The trial is scheduled to start in B.C. Supreme Court on
May 23. In the meantime Coltart, ¢
before the accident. relics on the government for his income
in the form of two disability benefits which add up to $1,700
per month. ;

“Pim totally dependent on other people,” said Coltart, who
lives in a subsidized care facility in False Creek. “I basically
became a hermit.”

See Editorial page 6.

an investment banker ,

“This stretch of highway, without! question, is dangerous and the :
Pending lawsult ... should give sonie € indication J that”, :

THE CAPILANO River
will run yellow this Sunday
as the Eight Aunual Great
Capilano Duck Race
makes its annual run.

Over 30,000 rubber fow!
will take to the chilly river
in the name of charity att
p.m, Over the last seven years, the race has raised more than
$500,000 for distribution to local Rotary Club charities.
The sponsors of the first 10 ducks to make it down the river
win a Nock of prizes, including trips to London, Paris and
Hong Kong. — Andrew McCredie