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
Mystik Dan wins the 150th Kentucky Derby at Churchill Downs in a three-horse photo finish
Mystik Dan won the 150th Kentucky Derby in a photo finish, edging out Forever Young and Sierra Leone for the upset victory.
Bodies recovered in Mexico likely 2 Australians, 1 American who went missing: officials
Three bodies recovered in an area of Baja California are likely to be those of the two Australians and an American who went missing last weekend during a camping and surfing trip, the state prosecutor’s office said Saturday.
No proof man lied to brother about number of kittens born in litter, B.C. tribunal rules
A man was denied a $5,000 payout from his brother after a B.C. tribunal dismissed his claim disputing how many kittens were born in a litter.
Princess Anne lays wreath at B.C. veteran's cemetery; receives 21-gun salute
Princess Anne paid tribute to veterans buried at a cemetery in British Columbia today, laying a wreath to honour the more than 2,500 military personnel and family members buried there.
Auston Matthews returns for Game 7, but Leafs minus injured goaltender Joseph Woll
Maple Leafs centre Auston Matthews returned to the lineup for Game 7 against the Boston Bruins on Saturday night.
'I just can't believe that it took so long': Body found in wreckage 3 months after deadly fire
A man accused of arson in a January Old Strathcona apartment fire is expected to be charged with manslaughter after a body was discovered in the burned building late last month.
Quebec police hand out hundreds of tickets to Hells Angels and other bikers before 'first run' meeting
Quebec provincial police handed out hundreds of fines to Hells Angels members and other supporting motorcycle clubs who met for their 'first run' in a small town near Sherbrooke, Que.
Work stoppage possible as WestJet issues lockout notice to maintenance engineers' union
A lockout notice issued by WestJet to a union representing aircraft maintenance engineers could result in a work stoppage next week.
London Drugs begins 'gradual reopening' on 7th day after cyberattack
Almost a week after all London Drugs stores across Western Canada abruptly closed amid a cyberattack, they began a "gradual reopening" on Saturday.