Bridge called factor in fatality

Driver fined $500 in accident that killed cyclist

Cheryl Stepan
The Standard

The railroad overpass on Merritt Street where a cyclist was run over by a dump truck last September is "inherently dangerous," said the lawyer for the truck driver Tuesday.

"The narrow road and the decrepit state of the roadway contributed to the accident," said Mike DelGobbo, lawyer for Gerry Dellavecchia, who was driving a dump truck over the bridge in Merritton Sept. 28 when he struck Kenneth Campbell, 39, with the corner of his trailer.

Campbell, a married father of one from St. Catharines, fell from his bike and died after being pinned under the rear wheels of the truck.

Dellavecchia, 56, of St. Catharines was originally charged with the Highway Traffic Act offence of careless driving, but pleaded guilty in provincial traffic court Tuesday to the lesser charge of failing to turn out to avoid a collision.

He was fined $500. No criminal charges were laid because Dellavecchia was not speeding or showing a reckless disregard for anyone's safety, said provincial prosecutor Joe Garrie outside court.

Garrie said Dellavecchia had made an "error in judgment," but his actions didn't constitute anything criminal.

"That is an appropriate charge for the circumstances," he said, adding the Crown might not have been able to prove careless driving, which could result in a driving suspension, because of a problem with a police statement.

Campbell's mother, Viola Campbell, seemed shocked at the fine.

"Five-hundred dollars for killing a person?" she said in a phone interview, then added she preferred not to comment on the court case. She agreed the Merritt Street overpass is dangerous.

"That is a bad bridge. It should have been improved years ago."

In court, Garrie described how Dellavecchia was driving his 1987 Ford dump truck across the bridge at 1 p.m. on Sept. 28 last year. He was travelling southbound, attempting to pass Campbell who was travelling in the same direction, when the corner of his trailer knocked Campbell from his bike.

DelGobbo said Dellavecchia had swerved as far to the left as possible, given the fact that there is a median down the centre of the two-lane bridge. He also said the poor road surface could have caused Campbell to wobble into Dellavecchia's path.

He said Dellavecchia, a married father of four who operates his own excavating company, has no criminal or traffic record.

"This man's never even received a speeding ticket."

Pauline Crowther, a childhood friend of Campbell's, hopes his tragic death will eventually result in something positive.

"If one good thing could come out of him losing his life, it would be that they could fix (the overpass) so that no one else loses their lives," she said, adding the overpass needs to be made less steep to improve visibility and should also be widened.

Officials from the city could not be reached for comment.

Crowther said the bridge is too narrow for both cyclists and cars, but pointed out that cyclists are not legally allowed to ride on the sidewalk.

"You're pretty much doomed going over that bridge -- it had to happen eventually. It's sad that it was a childhood friend of mine," she said.

"He was a well-loved person."

She said Campbell was extremely active in his community and volunteered with the Special Olympics.

She said the children he worked with in Special Olympics honoured him at his funeral by placing their medals on his chest before his casket was closed.

Viola Campbell said her son was kind and loving.

"He helped people that were poor," she said.

She said Campbell's daughter, who turned 11 the day before he died, still misses her father dearly.