10 July 2009
Newbury Man Wins Battle for $3.5M
Newbury Ontario - A 15-year battle
against Canadian Pacific Railway is finally over for a Newbury man who lost both arms and a leg in a collision with a freight train.
The Supreme Court of Canada yesterday dismissed the railway's request to seek leave to appeal a lower court decision awarding Jason
Zsoldos $3.5 million, plus costs.
"It is like 100 tonnes has been taken off my chest," Zsoldos, 35, said yesterday. "I don't think there's anybody
happier than me. I'm really, really excited, happy, elated."
Reached on his way home from Napanee yesterday afternoon, Zsoldos said he had no immediate plans but to "find some buddies and go
have a pint. I really haven't had much time to think about it yet."
After each successive court win the past few years, Zsoldos remained cautious about his chances of a final victory.
"Not now," he said with a laugh. "It's going to take a load of worry off my mind."
His ordeal began at 9:15 p.m. 26 Aug 1994.
Zsoldos was driving his motorcycle home after visiting friends when he collided with a dark, 58-car freight train running
through an unlit crossing with no warning signs or signal lights.
He was dragged under the train and tossed onto the other side of the tracks. A passing motorist who had slowed for the train heard his
moans and saved him.
At a 2006 trial, his lawyer, Jim Mays, argued the unlit crossing, lack of reflective tape on the cars, and the acute angle of the
tracks as they cross the road made it impossible for Zsoldos to see the freight cars as they passed through.
The railway's lawyers argued the accident was mainly Zsoldos's fault, saying he was driving too fast and had too much to drink.
Justice Helen Rady ruled the railway was 75% responsible and Zsoldos 25% responsible.
The railway failed to carry out any inspections of the crossing at night to determine if there was adequate protection for motorists,
she said.
The accident would have happened whether Zsoldos was impaired or not, Rady ruled.
The railway appealed her decision to the Ontario Court of Appeal, which ruled in Zsoldos's favour in February.
That prompted the railway's request to the Supreme Court.
"That's it. It's all over," Mays said yesterday. "It is a good feeling, I have to tell you."
After extensive surgery and rehabilitation, Zsoldos regained his licence and bought a specially equipped pickup truck to make a living
delivering RVs from the U.S. to Canadian dealerships.
He was delivering an RV to Napanee yesterday when Mays called to tell him about the court decision.
"I wanted to turn around and go home but I couldn't," he said.
Although he has been able to work, Zsoldos has had to live at home with his mother because he can't afford nursing help.
He also worries about the wear and tear of the artificial limbs on his body and his ability to work.
Zsoldos said he plans to move out on his own, but won't give up working just yet.
"A guy still needs a reason to get up in the morning."
Randy Richmond.
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