The first court case over a gathering around a backyard fire that went awry is heading to court in 2018.
A trial date has been set in B.C. Supreme Court for June 4, 2018, in the case of Alla Abdi, who is suing the City of Burnaby and the renters of a property at 6541 12th Ave. after being injured in a fire two years ago.
The renters, Paul and Roberta Bottomley, are also both named in the suit.
Abdi claims she suffered injuries as a result of a fire in a fire pit at the home back on May 14, 2014.
According to court documents, Abdi said she was invited to the residence by the couple and was sitting around a fire pit when Paul Bottomley poured an accelerant on the fire.
The suit claims Abdi, who is described as a customer service representative, sustained injuries as a result of the fire, including extensive burns to the body, soft tissue injuries, scarring, psychological injuries, and pain and suffering. She’s seeking general damages for having suffered and continuing to suffer pain, loss of earnings, future wage loss and health-care costs, among others.
The suit alleges the incident and resulting injuries were caused by the negligence of the defendants.
The Bottomleys are accused of being negligent for constructing an unsafe fire pit, failing to obey City of Burnaby bylaws and failing to obtain a permit for open burning, while Paul Bottomley is accused of pouring an accelerant onto an open fire.
The city, which is listed as the owner of the property in court documents, is accused of being negligent for failing to maintain the home in a safe condition, for failing to routinely inspect the property, failing to enforce its bylaws banning open fires, and for failing to remove the fire pit despite the low cost of its removal.
Both the city and couple have filed responses to the suit denying the claims. The city said it entered into a tenancy agreement with the Bottomleys for the unit back in 2005.
Court documents state the Bottomleys asked and received permission to remove raised garden beds to build a swing set, but the city claims the couple built a gravel area without its knowledge.
The response denies the city permitted the Bottomleys to use or operate an outdoor fireplace or to build an open fire on the property.
The city’s response claims negligence on the part of Bottomleys for failing to comply with the terms of the tenancy agreement and bylaws, for using an accelerant on an open fire and for failing to take proper steps to avoid an accident.
The response also claims negligence on Abdi’s part for failing to take reasonable care of her own safety, sitting near the fire when she should have known an accelerant would be used on an open fire and failing to avoid the alleged hazardous condition on the property.
The Bottomleys also deny the claims in the lawsuit.
The couple said the plaintiff had sat around the fire when an accelerant had been used on at least two other occasions prior to the incident.
The couple’s response claims the incident occurred solely as a result of negligence by Abdi for failing to take care of her safety, for wanting to start a fire, and positioning herself in way she should have known was unsafe.
None of the claims have been proven in court.
Javara Javice Campbell and Souma Shokrollah are also both separately suing the City of Burnaby and the renters over the incident. Trial dates have not been set in those cases.
According to accounts of the incident in May 2014, the Bottomley family was hosting a party and was in the backyard enjoying a campfire, but when the fire began to die, Bottomley poured an accelerant on it, as he had done many times before – but this time the fire exploded, burning him and three guests.
