A Vancouver woman is suing the Burnaby school district for a fractured hip and other injuries she alleges she sustained slipping on ice outside of a North Burnaby elementary school.
Marian Wagner was walking near Kitchener Elementary School on Dec. 15 at about 9 a.m. in a “careful and prudent manner,” according to a notice of civil claim filed in B.C. Supreme Court Aug. 11, when she slipped on a patch of ice and fell, fracturing her left hip.
Wagner alleges the slip and the resulting injuries were caused by the school district’s negligence, including “failing to have adequate resources and supplies available to maintain the lands and premises during a prolonged winter event” and “failing to respond to previous incidents of injury due to ice on the lands and premises, despite repeated notification.”
The Vancouver woman is now seeking damages for loss of past and future income and earning capacity, as well as past and future care costs and special damages.
When contacted by the NOW, the school district would not comment on the suit or provide information about why Wagner would have been at the school in December.
None of the allegations has been tested or proven in court, and the school district had not filed a response by press time.
Burnaby saw record snowfalls this winter, and city and school district crews struggled to keep up with snow and ice removal.
At a public school board meeting in January, board chair Ron Burton thanked parents, students and staff for their understanding and support during the challenging weather.
The school district’s 56 sites encompass many kilometres of stairs, sidewalks, parking lots and roofs, Burton said, and the district hired extra contractors to help with snow and ice removal.
The district prioritized clearing snow from school entrances, drop-off zones and parking lots, and sanding and salting the same, according to Burton.
“Thankfully this type of snow accumulation is not common in Metro Vancouver, and hopefully this will not happen again any time soon,” Burton said.
The chair said the school board would review its procedures and meet with the city to discuss its snow removal priorities.
