Who is the blind one?

[n_fraser]

If you google her name, you also get her public LinkedIn profile, that includes a picture.

[Jwolf]

But let's say she did run the race herself. What if she thought the injury wasn't so bad at first, started running again after a short while, and then it was never "quite right." Ran the race in April, much slower than she's capable of, and then later with professional opinions figured out that her injury was more chronic and started back from the accident.

It matters because it would be inconsistent with her claim that she hadn't run since the accident.

Well, even that's hearsay at this point. We don't know what the claim actually says. It may say, "She hasn't been able to run properly" or something like that.
Or maybe she entered that one race because she had paid for it or whatever, but hasn't run otherwise (but we don't know anyone who would actually do that, do we?).

If she really is lying, then her claim would lose validity, yes.

[Pat Menzies]

If she wins it will be interesting to see if she really does need therapy for the rest of her life and continues to be unable to run.
It is amazing how much better people heal when they injure themselves.

[deerdree]

3. The runner was blind. The responsibility should have been to the guider, not to the Paralympic runner.

3. I haven't thought this issue through, but if the runner ran her over, she has to sue the runner (not the guide). Successfully suing someone who didn't actually run into you is (off the top of my head) way more complicated. I'll ask my litigator wife.

according to the articles, she's suing all 9 runners. and the running club.

[fingerboy]

If she wins it will be interesting to see if she really does need therapy for the rest of her life and continues to be unable to run.
It is amazing how much better people heal when they injure themselves.

Its also amazing how people lose interest in getting better when they are paid not to.

[DougG]

Come to Kingston for the Wolfe Island Classic (I'm planning to run it this year) You can stay at the C-Moss B&B...and I could knock you over a few times before race time

[La]

For me, the issue is around negligence. Were the runners in question negligent in any way? I guess that's what the court will determine.

To me, it sounds like an unfortunate accident; but without having witnesses it, who knows?

As for the lawsuit, I don't know a lot about how the whole system works, but my impression is that once you hire a lawyer to file a complaint on your behalf, then you're kind of at their mercy for how *they* think the suit should be filed and what you should be asking for. I hardly think this woman sat down with a calculator and came up with the $300K figure on her own (plus an additional $50K for her son). Likely, it's ask for the most you think you can get away with, and hope to get something less.

[QuickChick]

I'm sure the lawyer influenced that number, but she almost certainly had some say. It's really sad and unfortunate, but not knowing the whole story it's difficult to make up my mind. I'll be interested to hear how the court rules. I think if the injury caused her to miss work, not be able to drive for awhile, be dependent on others to get her groceries, etc, she's entitled to something. 300K seems a bit much, but who knows.

I agree with Lesley that negligence is the key- did these guys call out "on your left" before passing, and go unheard because she was wearing headphones? Headphones could also have caused her to be startled by the first runner to come upon her, making her swerve onto the other side of the path and into the path of the others. In that case I'd say SHE was the negligent one. If noone called out, I'd say they were all negligent. Also, did the guides tell the blind runners that they were passing someone? I would think that would be part of the duties of a guide... if the blind runners were unaware she was there, the guides are negligent IMO.

[Jwolf]

If a group tramples someone from behind it's hard to see how that's the victim's fault, even if she was wearing headphones.

[QuickChick]

I'm not saying it was her fault, but I do think that if that was the case, it was an awful accident for which she has a bit of responsibility. I could see it happening- the first person passes her, she jumps a bit, veers over, and someone else runs into her. Who knows, but it's possible.

[La]

If a group tramples someone from behind it's hard to see how that's the victim's fault, even if she was wearing headphones.

It doesn't sound like the entire group "trampled" her - just the runner and his guide.

[Jwolf]

If a group tramples someone from behind it's hard to see how that's the victim's fault, even if she was wearing headphones.

It doesn't sound like the entire group "trampled" her - just the runner and his guide.

In documents filed in Ottawa court on Dec. 22, 2011, Lepage says she was running south on the west side of the Rideau Canal when the Dunkerley brothers, their guide runners, and others in their running group crashed into her from behind.

The claim says that after the collision the Dunkerleys fell on top of Lepage, injuring her so badly she had trouble walking and has been unable to tend to housekeeping, let alone run.

I know there's a lot of stuff we don't know, but if that part is even remotely true I can't see an argument of "But she was wearing headphones and didn't hear us warn her so it's not our fault" holding up.

[La]

If a group tramples someone from behind it's hard to see how that's the victim's fault, even if she was wearing headphones.

It doesn't sound like the entire group "trampled" her - just the runner and his guide.

In documents filed in Ottawa court on Dec. 22, 2011, Lepage says she was running south on the west side of the Rideau Canal when the Dunkerley brothers, their guide runners, and others in their running group crashed into her from behind.

The claim says that after the collision the Dunkerleys fell on top of Lepage, injuring her so badly she had trouble walking and has been unable to tend to housekeeping, let alone run.

I know there's a lot of stuff we don't know, but if that part is even remotely true I can't see an argument of "But she was wearing headphones and didn't hear us warn her so it's not our fault" holding up.

The article Andy posted said this:

On Jan. 24, 2010, a collision occurred involving Dunkerley, his guide Jamie Stevenson and another runner, Mimi Lepage, along the Rideau Canal between Patterson Creek and Fifth Ave. It was a typical, busy Sunday morning on the pathway, recalls Dunkerley, who was in a group of nine runners that day.

Running at a moderate pace, he and Stevenson were the last ones to attempt to pass Lepage, Dunkerley says.

“I had no idea what was about to happen. I was just running along – one minute I’m running and the next I’m running into a woman,” says Dunkerley, a competitor in the T11-class for runners who have no light perception in either eye and are unable to recognize the shape of a hand at any distance or direction.

Lepage was struck from behind “without warning” and knocked to the ground, with two larger runners then falling on top of her, court documents filed on Dec. 22, 2011 say.

That's where I got the impression that it was just the two of them - not the entire group of nine - who knocked her down. How could he have knocked her down if she was already on the ground?

[Jwolf]

He said, she said... who knows. That's why this whole thing is really just a stupid thing for us to argue, but here we are.

[deerdree]

The article Andy posted said this:

On Jan. 24, 2010, a collision occurred involving Dunkerley, his guide Jamie Stevenson and another runner, Mimi Lepage, along the Rideau Canal between Patterson Creek and Fifth Ave. It was a typical, busy Sunday morning on the pathway, recalls Dunkerley, who was in a group of nine runners that day.

Running at a moderate pace, he and Stevenson were the last ones to attempt to pass Lepage, Dunkerley says.

“I had no idea what was about to happen. I was just running along – one minute I’m running and the next I’m running into a woman,” says Dunkerley, a competitor in the T11-class for runners who have no light perception in either eye and are unable to recognize the shape of a hand at any distance or direction.

Lepage was struck from behind “without warning” and knocked to the ground, with two larger runners then falling on top of her, court documents filed on Dec. 22, 2011 say.

That's where I got the impression that it was just the two of them - not the entire group of nine - who knocked her down. How could he have knocked her down if she was already on the ground?

i think it was the group that knocked her down. it says she was struck from behind (i think by the group) THEN the two runners fell on top of her. from the OP:

In documents filed in Ottawa court on Dec. 22, 2011, Lepage says she was running south on the west side of the Rideau Canal when the Dunkerley brothers, their guide runners, and others in their running group crashed into her from behind.

The claim says that after the collision the Dunkerleys fell on top of Lepage, injuring her so badly she had trouble walking and has been unable to tend to housekeeping, let alone run.

[Jo-Jo]

He said, she said... who knows. That's why this whole thing is really just a stupid thing for us to argue, but here we are.

Oh come on now Jen...when did not knowing all the facts stop any of us here having strong opinions and debating to the end

[Jwolf]

He said, she said... who knows. That's why this whole thing is really just a stupid thing for us to argue, but here we are.

Oh come on now Jen...when did not knowing all the facts stop any of us here having strong opinions and debating to the end

i am remembering the train-wreck of a thread after the woman "cheated" in a half-marathon with her son...

[HCcD]

4. The fact that the runner ran a race a couple of months later might not have meant anything. How many people here have run a race with someone else's bib?


But wouldn't' it be interesting if there were evidence to prove this either way? I wonder where someone would go to look up such a picture of a runner in an Ottawa race?

Having said that, ZoomPhoto may be indirectly receiving quite a bit of national / international attention, as a result of this lawsuit ...

Copied from the letsrun forum and slowtwitch forum ...

This would appear to be the Mimi Lepage who was (allegedly) injured in Jan 2010:
http://www.cihi.ca/.../speakerbios_mlepage

This would appear to be the Mimi Lepage that ran the 10k in April 2010.
http://sportstats.ca/...de=46155&bib=405
http://www.zoomphoto.ca/...ysearch/12309/405/1/

Could be the same one, but can't be 100% certain with those sun glasses.

[turd ferguson]

He said, she said... who knows. That's why this whole thing is really just a stupid thing for us to argue, but here we are.

I trust you will provide a suitable list of topics which may be discussed from now on?

[kab]

She's a lawyer. No further comment.

[Jo-Jo]

She's a lawyer. No further comment.

I thought the same thing too the other day when I googled her name and saw that she's a lawyer

[Jwolf]

He said, she said... who knows. That's why this whole thing is really just a stupid thing for us to argue, but here we are.

I trust you will provide a suitable list of topics which may be discussed from now on?

I'm posting in this thread pretty often so I'm just as guilty of the rubber-necking. But sometimes these threads that go on about non-issues do make me crazy.

[MINITEE]

He said, she said... who knows. That's why this whole thing is really just a stupid thing for us to argue, but here we are.

I trust you will provide a suitable list of topics which may be discussed from now on?

I'm posting in this thread pretty often so I'm just as guilty of the rubber-necking. But sometimes these threads that go on about non-issues do make me crazy.

Then stop rubbernecking and move on???


(not being biotchy... I just don't understand why you are getting caught up in arguing it... lol)

[Engmomma]

I wonder if Mimi Lepage is feeling creeped yet?

[_Eric_]

Is Mimi Lepage part of this group?? I don't want to be the judge but maybe we could have a VOTE....