One month before a lawsuit against the city by a group Ballard businesses to halt the completion of the Burke-Gilman Trail goes to court, a second suit was filed against the city, this time by bicyclists hoping to get the trail completed.

On Feb. 8, a Complaint for Damages was filed against the city by five cyclists asserting they sustained injuries, both physical and fiscal, due to unsafe conditions on Shilshole Avenue Northwest where it curves underneath the Ballard Bridge.

That portion of Shilshole Avenue is part of what has come to be known as the Burke-Gilman Trail's Missing Link, a section of unfinished trail that extends from 11th Avenue Northwest to the Ballard Locks.

In the complaint, David Middaugh, attorney for the plaintiffs, states that hundreds of bicycle crashes have occurred on Shilshole Avenue near the bridge as cyclists attempt to cross the Ballard Terminal Railway Company's railroad tracks.

Middaugh states in the complaint the the city has known for many years the area is not reasonably safe for ordinary travel by cyclists.

Seattle Fire Department records show numerous occasions where medics have aided in bicycle crashes there, and personnel at the Ballard Fire Station say they respond to crashes all the time, he states in the complaint.

Among other claims, Middaugh states that a senior environmental analyst for the city testified in April that the railroad track crossing was unsafe for cyclists, and in August the city changed signage and street markings to increase safety in that location.

“The city has the duty to maintain Shilshole Avenue Northwest, including the portion where it crosses the rairoad tracks under/near the Ballard Bridge, in a condition reasonably safe for ordinary travel by bicyclists," Middaugh states in the complaint.

The plaintiffs are seeking damages for physical injuries, including fractured wrists, a broken hip, facial lacerations and a broken elbow, as well as for lost wages and medical bills.

In June, a city hearing examiner upheld the Seattle Department of Transportation's determination of non-significance on the environmental impacts of completing the Missing Link.

That ruling shot down an appeal filed in December 2008 by Salmon Bay Sand and Gravel, the Ballard Chamber of Commerce, Ballard Oil, The Ballard Interbay Northend Manufacturing and Industrial Center, the North Seattle Industrial Coalition and the Seattle Marine Business Coalition.

Less than a week after the June ruling, the same group of trade associations and businesses filed a lawsuit in King County Superior Court challenging the city’s State Environmental Protection Act review.

The plaintiffs claimed the city did not conduct the same level of environmental review required of a private applicant. They want the city to review and evaluate the environmental impacts, including safety, traffic and compatibility with existing industrial uses, of completing the trail.

That case will be heard at 9 a.m. on March 5 in King County Superior Court.

If completed, the Missing Link of the trail, as currently planned by the city, would include sections on Shilshole Avenue, Ballard Avenue and Market Street.