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RDN sued after boy allegedly fractures skull in fall at Nanoose resort

Feb 28, 2018 | 5:03 PM

NANAIMO — The Regional District of Nanaimo denies any wrongdoing in response to a lawsuit launched by a mother who claims her son suffered serious injuries from an alleged fall at a Nanoose Bay resort.

The RDN claimed the boy, whose age is not noted, was not paying attention to his surroundings and acting in an unsafe manner when he allegedly fell about 20 feet down a stairwell at Pacific Shores Resort in July 2017.

The District also claimed it had no responsibility over the area where the boy fell and no bylaws or building codes were contravened.

Vancouver’s Nicole Matson, on behalf of her son, filed the suit in the Supreme Court of BC against the RDN, Pacific Shores and a property management company.

Public court records showed she claimed her son fell over “what appeared to be a sidewalk which ended up being an approximate 15-to-20 foot drop onto a concrete stairwell” while walking at the resort during a vacation last summer.

The claim is seeking unspecified damages for “pain, suffering and loss of enjoyment of life,” as well as costs related medical treatments and rehab, future care expenses and past or future loss of income. It alleged the boy suffered a long list of injuries from the fall, including a skull fracture, concussion, bleeding behind the eye, post traumatic stress disorder and lack of concentration.

The lawsuit named the RDN, claiming the municipal government was negligent in issuing permits without requiring guard rails to be installed where the child allegedly fell.

Meanwhile, Pacific Shores Owner Enterprises Ltd. also denied any wrongdoing in their response to the claim. It denied the fall even occurred at the resort, and if it did, it’s because the child was “walking or playing in an area…clearly not intended to be used as a walkway or play area.”

 

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