A lawsuit filed against 91原创 Township, by a man who claimed he broke a tooth and concussed himself by walking into a sliding glass door at a rec centre, has been dismissed in B.C. Supreme Court in Vancouver.
The plaintiff in the case said in his statement of claim, filed in 2019, that on Dec. 21, 2017, he was heading for the ice rink at the George Preston Recreation Centre, when he 鈥渨alked into unmarked glass doors which did not automatically open.鈥
The collision with the doors was so severe, the plaintiff alleged, that he suffered a concussion, a broken front tooth, an injured jaw, face, head, neck, and back, lacerations and abrasions, as well as soft tissue injuries.
As a result, he initially claimed the incident had also left him with fatigue, insomnia, shock, tension, anxiety, and depression.
He launched the lawsuit seeking damages for loss of earnings and future income, possible costs of future care, costs for prescriptions, physiotherapy or other medical costs, as well as for pain and suffering.
The suit alleged the Township was negligent for 鈥減ermitting unmarked glass doors to be present at the George Preston Arena,鈥 as well as failing in maintenance and inspection of the doors.
In addition to the Township, he included the unnamed employee and company responsible for installation or maintenance of the glass doors.
The Township鈥檚 response denied that it was responsible and insisted the plaintiff was responsible for 鈥渇ailing to take reasonable care for his own safety,鈥 suggesting a wide range of possible failures he could have made, including 鈥渇ailing to observe and note prevailing conditions, including whether where he was proceeding there was a glass door.鈥
The case never went to trial, and none of the claims were tested in court.
In early March, the Township applied for the case to be dismissed, and on March 22, the case was dismissed without costs being awarded to either the plaintiff or the Township.
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