The couple has filed civil lawsuits against the Metro Vancouver Regional District and the Greater Vancouver Water District, seeking general damages for pain and suffering, loss of enjoyment of life, and loss of earning capacity and opportunity. “Because their symptoms, their post-traumatic stress symptoms haven’t subsided since, they decided to commence a legal action for regress and restitution.” There are sleep problems, nightmares,” said Formby.
“Both of them, whenever they go around water and hear rushing, it all comes back.
Since that day, Formby said his clients have been traumatized. Ultimately first responders rescued Nakamura, but North Vancouver father Ryan Nickerson and his son Hugh drowned in the Capilano River. “They both thought they would die at one point, and especially Chihiro who was stuck on that log and had to be left alone while Mateusz went for help,” said Formby. She was forced to cling to a log in the middle of the raging river while her husband scrambled up the bank to call 911. They swam for shore, but Nakamura didn’t make it.
“They could hear this rushing sound, and it was Mateusz who turned around first, and what he could see behind him was this huge wall of water – the reports were approximately four meters high – rushing towards them in the rear from the dam,” said Formby.
But their lawyer Paul Formby said that quickly changed after the accidental release. When Mateusz Wiacek and his wife Chihiro Nakamura decided to have a picnic on the rocks in the Capilano River on Oct. Two Vancouverites who were nearly swept away by a torrent of water when a maintenance worker opened the spill gate at the Cleveland Dam two years ago are suing the regional district.
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