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A local man is seeking an additional $750,000 in punitive damages in his lawsuit against the city because of recent revelations involving the Petrie Island beach sewage spill that he claims ruined his career as a champion kickboxer.
Jamie Sabourin said there was a breakdown in city protocol or lack of one when 960,000 cubic metres of sewage spilled into the Ottawa River for two weeks in early August 2006.
“Once the storm occurred and the sewer gate was jammed, if there was proper protocol in place the city should have been notified at that point because it is a state of emergency in that sense with all that raw sewage,” said Sabourin, 40.
The additional money bumps his lawsuit claim against the city to $1.75 million.
INFECTION
Sabourin was playing football at Petrie Island on Aug. 8, 2006, when he cut his toe in the sand and washed out the wound in the river. The beach was closed later that day because of high E. coli readings.
Within five days, Sabourin’s foot had doubled in size from cellulitis, a skin inflammation caused by a bacterial infection. It took five months and several surgeries to heal the infection. Doctors considered amputating three of Sabourin’s toes.
Massive rains in late July 2006 caused a gate to remain open at a city sewage treatment facility upriver from Petrie Island. Enough sewage leaked into the Ottawa River to fill Scotiabank Place.
A year ago, the city made the connection between the spill and high levels of E. coli detected downstream at Petrie Island beach during the time in question.
City council didn’t learn of the spill until this spring.
With the new information, Sabourin said his case is stronger and next week his legal team will amend the original statement of claim filed in April 2007.
“Perhaps if the information had been shared I may not have gone through such a prolonged illness that I did,” said Sabourin.
The former martial arts athlete said a five-month infection killed his plans for Olympic training and ended his kickboxing career, during which he won 10 national titles.
“There’s no words to explain having something taken away from you that was my everything. Marital arts was my everything,” he said.
A city spokesman said the city is aware that the statement of claim is being amended and the city plans to continue to defend its case in court.
In its original statement of defence, the city says it took “reasonable care” for beach users, adding Sabourin “knew or ought to have known of any hazardous conditions.”
It says he voluntarily assumed the risk by entering the Ottawa River.
Sabourin’s claims have not been proven in court.
(C) Ottawa Sun