A parent of a Nanaimo student who was injured after falling down an air shaft on school grounds five years ago is suing the school district and another student.
Emergency crews were called to Dover Bay Secondary School in June 2017 and performed a technical rope rescue to pull out the student. A notice of civil claim was subsequently filed by the injured studentB次元官网网址檚 parent against Nanaimo Ladysmith Public Schools and another student and parent. The student who was injured fell five metres B次元官网网址渢hrough an open access hatch to an exhaust shaftB次元官网网址� opened by another student, the notice of claim alleges.
The student who fell suffered leg fractures, an ankle dislocation, a thigh contusion and injuries to his back and wrist, according to the notice. The student who allegedly opened the hatch was negligent for B次元官网网址渃ausing the lock and/or the chain to the access hatch of the exhaust shaft to be cut when he knew or ought to have known that such actions would be unsafe to do so,B次元官网网址� the notice claims.
The court documents also allege that the school district failed in its responsibility of care and to ensure reasonable safety on the school site.
The plaintiffs seek general and special damages for pain and costs for medical treatment, medication and rehabilitation.
In their response, the family of the student named in the lawsuit denies the incident took place B次元官网网址渋n the manner or time as allegedB次元官网网址� or that he B次元官网网址渃aused or contributedB次元官网网址� to the incident. They claim the student who was hurt failed B次元官网网址渢o exercise reasonable care and prudent judgment to ensure his own personal safety in all the circumstances.B次元官网网址�
Additionally, the student who was hurt didnB次元官网网址檛 B次元官网网址渘otify anyone of any concerns regarding the area surrounding the access hatch, and general area where the fall occurred, prior to the fall,B次元官网网址� stated the response from the second studentB次元官网网址檚 parent.
The school district, in its response, denied that SD68 or any staff members were B次元官网网址渘egligent or in breach of a duty of care, statutory or otherwise, as alleged or at all.B次元官网网址� If the first student suffered injury or loss, which the school district denies, it B次元官网网址渨as caused or contributed to by the negligence of the plaintiff and/or was caused or contributed to by the negligence of [another student],B次元官网网址� the school districtB次元官网网址檚 response stated.
None of the claims have been proven in court.
In an e-mail, Dale Burgos, Nanaimo Ladysmith Public SchoolsB次元官网网址� spokesperson, said the district had no comment.
Applications were filed in B.C. Supreme Court in Nanaimo today, Oct. 25, according to court services, and a trial is scheduled to begin in the spring in Nanaimo.
B次元官网网址� files from Chris Bush/B次元官网网址 Bulletin
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