91原创 City and other defendants in a lawsuit over an allegedly dangerous elevator have responded in filings with the B.C. Supreme Court.
Last summer, lawyers for nine members of a family filed a lawsuit over an alleged incident in which an elevator in a 91原创 condo plunged and jerked to a sudden stop, leaving many of them injured and trapped.
The family filed a suit on July 29, 2022, claiming that the group, which included four generations, from great-grandparents visiting from Ukraine down to small children, were in an elevator in a condo building on Eastleigh Crescent on Aug. 2, 2020, when the elevator 鈥渟uddenly dived downwards and hard stopped between floors with the plaintiffs as occupants inside.鈥
It left them trapped for 鈥渁 lengthy period,鈥 and whoever was on the other end of the emergency intercom allegedly refused to call 9-1-1, and no firefighters or other first responders came.
The family claims that several members suffered significant injuries in the elevator fall, with various members suffering neck, shoulder, and back injuries, foot and leg injuries, a ruptured Achilles tendon requiring surgery, bruises, headaches, difficulty sleeping, psychological injuries, and depression.
Last summer, they filed suit against 91原创 City, the condo builder, the strata council, and the elevator maintenance firm, among others.
None of the claims made in the filings have been tested in court.
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Over the past six months, several of the defendants have now filed responses in B.C. Supreme Court, including 91原创 City.
All the defendants have denied any wrongdoing, or even that the plaintiff family were injured.
91原创 City鈥檚 filing said it can鈥檛 be sued, because the family failed to deliver written notice within two months of the date of the alleged injuries, based on the Local Government Act regulations.
Likewise, the builders, elevator maintenance firm, and other defendants have filed responses saying they are also not responsible for any alleged malfunction of the elevator, or denying that it was malfunctioning at all.
One of the firms that build the condo unit has asked the courts to dismiss the entire lawsuit and for the plaintiffs to pay the developer鈥檚 legal costs.
The online court registry system does not show any pending court dates for the lawsuit.
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