Two men suing City of Winnipeg over tobogganing crash on Garbage Hill
Two men are suing the City of Winnipeg after a day of tobogganing on Garbage Hill came to an abrupt and sudden end when they allegedly hit a snow-covered cement block; though the city says the men had been negligent.
Benjamin Overton and Andrew Worth – two long-distance truckers – have launched a lawsuit against the City of Winnipeg.
According to a statement of claim filed in Manitoba's Court of Queen's Bench in early January, the two men had been tobogganing with their families at Garbage Hill in Westview Park on Dec. 27, 2020.
The claim said the two men were sliding down a "clear, unmarked, snow-covered" section on the south side of the hill when they "unexpectedly struck a hidden and unmarked, snow-covered cement block" at the bottom of the hill.
The crash left the men with serious injuries, the claim said.
The claim said Overton had spine and knee injuries, along with a loss of mobility and strength, nerve damage, and pain, among other injuries. Worth, the claim said, fractured multiple ribs, had to have multiple teeth removed, has nerve damage, and lacerations to his neck and face, among other injuries.
Both men also have difficulty with sexual relations, and suffer from depression, anxiety, shock, frustration and emotional upset, the claim said.
"The plaintiffs say the City of Winnipeg breached its duty of care to each of them, was negligent, and acted with reckless disregard toward each of their safety," the claim reads.
It said the city knew or ought to have known about the cement block at the bottom of the hill, and that it could not be seen by tobogganers using that part of the hill.
The claim alleges there were no signs telling people not to toboggan down that section of the hill, and no warnings about the cement block.
The two men are seeking general and special damages, including the cost for all their past and future medical and dental care and treatment, along with loss of income.
However, in a statement of defence filed on Monday, the City of Winnipeg denies the allegations.
It said there were 12 signs posted in the area around the top of Garbage Hill that say "NO SLIDING THIS AREA" along with an online map on the city's Parks and Recreation website that "explicitly" shows where people may and may not slide on Garbage Hill.
"There were two signs in the vicinity of where the plaintiffs say they were sliding, indicating that they should not be sliding there," the statement of defence reads.
The defence goes on to say there was a third unnamed person who had been filming the two men when the crash happened and had been standing very near whatever the two men collided with.
The defence said this person failed to warn them of what the plaintiffs said was a “dangerous condition,” contributing to the men's injuries, loss and damage. It said any injury, loss or damage was the result of the negligence of this person and of the two men.
In its statement of defence, the city said the men had "exaggerated the nature and extent of any injuries, loss or damage they may have sustained."
The city's defence called on the court to dismiss the claim with costs.
A spokesperson for the city told CTV News they are not able to comment while the matter remains before the courts. The lawyer representing the two men also declined to comment.
The allegations in the statement of claim and defence have not been proven in court.
CTVNews.ca Top Stories
BREAKING New York appeals court overturns Harvey Weinstein's 2020 rape conviction from landmark #MeToo trial
New York’s highest court on Thursday overturned Harvey Weinstein’s 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with improper rulings, including a decision to let women testify about allegations that weren’t part of the case.
BREAKING Monthly earnings rise, payroll employment falls: jobs report
The number of vacant jobs in Canada increased in February, while monthly payroll employment decreased in food services, manufacturing, and retail trade, among other sectors.
Doctors say capital gains tax changes will jeopardize their retirement. Is that true?
The Canadian Medical Association asserts the Liberals' proposed changes to capital gains taxation will put doctors' retirement savings in jeopardy, but some financial experts insist incorporated professionals are not as doomed as they say they are.
Secret $70M Lotto Max winners break their silence
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Remains from a mother-daughter cold case were found nearly 24 years later, after a deathbed confession from the suspect
A West Virginia father is getting some sense of closure after authorities found the remains of his young daughter and her mother following a deathbed confession from the man believed to have fatally shot them nearly two decades ago.
Something in the water? Canadian family latest to spot elusive 'Loch Ness Monster'
For centuries, people have wondered what, if anything, might be lurking beneath the surface of Loch Ness in Scotland. When Canadian couple Parry Malm and Shannon Wiseman visited the Scottish highlands earlier this month with their two children, they didn’t expect to become part of the mystery.
Metro Vancouver mayors call for serial killer Robert Pickton to be denied parole
A dozen mayors from around Metro Vancouver say federal Attorney General and Justice Minister Arif Virani should deny parole for notorious B.C. serial killer Robert Pickton, and reassess the parole and sentencing system for 'prolific offenders and mass murderers.'
What do weight loss drugs mean for a diet industry built on eating less and exercising more?
Recent injected drugs like Wegovy and its predecessor, the diabetes medication Ozempic, are reshaping the health and fitness industries.
2 military horses that broke free and ran loose across London are in serious condition
Two military horses that bolted and ran miles through the streets of London after being spooked by construction noise and tossing their riders were in a serious condition and required operations, a British government official said Thursday.