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The woman who was driving the car that struck then Ward 4 councillor Jan Liggett as she attempted to walk across Dickson Street two years ago says the mayor is solely responsible for the collision that broke her foot.
In a statement of defence filed by in February, Intact Insurance lawyer Marina Linkletter says the mayor was the "author of her own misfortune" when she crossed into the path of Joan Harpham's vehicle on the morning of Sept. 10, 2022.
Liggett is suing the Cambridge woman for $200,000 for injuries suffered in the collision that knocked her to the ground at the intersection of Dickson and Ainslie streets in front of several witnesses, many of whom were downtown for the Saturday farmers' market.
Liggett was taken to hospital suffering a broken bone in her left foot along with several cuts, scrapes and bruises.
Police later charged Harpham with careless driving causing bodily harm. But that detail isn't mentioned in Liggett's lawsuit, which was filed in January, 15 months after the collision happened.
In her claim, Liggett says the 2015 Nissan Rogue Harpham was driving hit her as she was three quarters of the way across Dickson Street. Dickson Street is misspelled as "Dixon Street" in both the statement of claim and the statement of defence.
Liggett said she was thrown onto the hood and windshield of the vehicle and landed on the ground.
"The collision resulted in serious permanent injuries to Janice Liggett and was caused solely by the defendant's negligence," the claim reads.
That statement is followed by a list of reasons the driver could have been negligent, including failing to exercise due care and skill, failing to provide the brakes properly and using unsafe tires.
Liggett's lawyer, Rob Konduros, writes that her mobility has been permanently impaired by her injury. Her ankle swells frequently and it causes her pain, she frequently has to take Advil at night and continues to receive physiotherapy treatments.
The injury "affects her ability to perform her duties as the Mayor of Cambridge," reads the claim.
The claims have not been tested in court.
In her defence, Harpham's lawyer writes that if Liggett sustained any injuries, they were the result of her own negligence.
Liggett, she says, moved into the path of the vehicle without exercising reasonable care for her own safety, failed to keep a proper lookout, and "conducted herself in a reckless, careless, and inept manner" that exposed herself to extreme danger.
The claim says she failed to obey the traffic signal or marked crosswalk and at all material times was "incompetent and lacking reasonable skill" in attempting to cross.
It says her ability to observe the situation was impaired "due to the use of a cellular or mobile phone."
It says she may have been walking while impaired by drugs or alcohol, was fatigued, and her vision was obstructed.
The defence says the injuries and damages Liggett is claiming are excessive and remote and calls on the plaintiff to provide strict proof.
The claim denies Liggett has suffered a loss of income or loss of competitive advantage.
The defendant further pleads the damages, if any, were caused by pre-existing and subsequent accidents and medical conditions, and demands the damages be reduced to payments entitled through her insurance.
The defendant requests the lawsuit be dismissed with costs.
The last date of action on the case was Aug. 8 and it's listed as an "order giving directions."
Calls and emails to reach the mayor and lawyers for both parties for comment were not returned.
