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Decision expected Friday in trial of trucker
A decision is expected Friday following the trial of a dump truck driver charged in connection with the death of an 11-year-old New Westminster boy riding his bicycle two years ago.
Christian Mesa, a Grade 6 student at Glenbrook middle school, was killed at Sixth Avenue and McBride Boulevard at about 8:30 a.m. on June 7, 2010 when he was hit by a dump truck.
Bruce Douglas Harris of Langley was charged with driving a motor vehicle without due care and attention, not having his brakes properly equipped and failing to comply with trip inspection requirements.
His trial wrapped up in New Westminster Provincial Court last Friday with a decision scheduled to be delivered this Friday.
Two months ago, Mesa’s mother Rita filed a civil action against Harris, Prompt Waste Management of Vancouver and the Insurance Corporation of B.C. She is claiming general and special damages.
In her statement of claim, Mesa asserts Harris was driving too fast, failed to keep a proper lookout, failed to take precautions to avoid the collision, and failed to yield the right of way to Christian.
She also claims Harris didn’t ensure the dump truck was mechanically sound and was driving it either without any brakes or with defective brakes.
Mesa’s suit also alleges Prompt Waste Management was negligent for not making sure the truck was mechanically sound, and for allowing Harris to drive it when it was mechanically defective.
In their responses, Prompt and ICBC deny any negligence and say the accident was caused by Christian for failing to take care of his own safety, claiming he entered the roadway against the pedestrian traffic signal, as well as violating several other rules and regulations.
Prompt also alleges Rita Mesa and the boy’s father, Jesus Mesa, did not teach their son the proper rules of the road and how to ride a bicycle in a safe manner. Prompt also suggests the bike was not appropriate for Christian’s age, size and cycling experience.
None of the claims made by any of the participants has been proven in court.
Harris has yet to submit a response. A date for the civil suit to proceed has not been set.