BURLINGTON It was a warm July day at Beachway Park and Doreen Walker had just settled into her beach chair with a book, when out of nowhere, a black bird fell from the sky and struck the top of her head.
According to court documents, she “put up her hands, which were then bent back by the weight of the bird.” Walker suffered “multiple fractures to her left hand.”
Witnesses reported the bird had flown into the hydro lines that run along the beach. Her concerned husband, Glenville Walker, ran up and saw a cormorant — with a wingspan of 3½ to 4 feet — dead at her feet.
She decided to sue.
That was in 2007, but it took until this week for a $750,000 lawsuit launched by Walker against the City of Burlington and Hydro One to come to a close.
Burlington eventually settled with Walker. Hydro One continued with the civil suit and in a written decision released by Superior Court Justice William Hourigan on Monday, he ruled Hydro One was not liable.
Walker and her lawyer Paul Cahill declined to comment.
In a statement, the City of Burlington’s legal counsel said the decision exonerated the city, and they plan to try to recover legal costs from Hydro One. A city spokesperson would not elaborate on how or why.
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