More than six years after allegedly breaking his hand, a former Burnaby student is suing the school district over the injury.
According to a notice of civil claim, Cameron Bruce Albert McCaw is suing School District 41 and the school board over an incident at Montecito Elementary. The suit claims McCaw, who was 13 years old in Grade 7, was moving an upright piano with the help of a friend in June of 2009, when the instrument fell over and crushed his hand.
Documents note the students were asked to move the piano at the request of an employee of the school.
McCaw, who is described as an environmental lab tester, claims he suffered a number of injuries including a fractured pinky finger down into the top knuckles and 17 stitches to the finger, 16 stitches to the ring finger, scarring on fingers, and ongoing discomfort and pain.
The civil suit also claims he suffered a loss of income, a loss of future earning capacity, the ability to perform household tasks, along with medical and rehabilitation expenses.
McCaw is seeking general damages, special damages and health-care costs.
Court documents suggested the board is liable for failing to provide the plaintiff with appropriate instruction and supervision, instructing “infants” to move the piano without adequate adult supervision and for failing to implement policies and rules to minimize the risk of injury.
None of the allegations have been proven in court.
The original suit was filed in May, while the district filed a response last month.
The district denied all the allegations, stating it provided adequate instruction and supervision of the plaintiff and employees acted as a reasonably prudent parent in relation to McCaw.
Instead, the district claimed McCaw was negligent for failing to exercise reasonable care for his own safety, failing to properly move the piano in a safe manner, failing to follow instructions when moving the instrument and moving the piano without permission.
The response also claims McCaw failed to note the condition of the piano and moving at a speed that was unsafe.
