City sued over icy fall

A Kelowna woman is suing the City of Kelowna and Tourism Kelowna over a slip and fall at the visitor centre.

The lawsuit, filed in B.C. Supreme Court on Tuesday, alleges Christina Nymark was walking near the waterfront facility on Jan. 5, 2021, when she slipped on ice and fell to the ground.

The documents claim Nymark suffered “serious injuries,” including a fractured right femur and hip, a mild traumatic brain injury, an injured wrist, a head contusion, nausea, and dizziness.

The suit alleges negligence on the part of the City and Tourism Kelowna for not keeping the walkways clear of ice and exposing Nymark “to a risk of injury, and/or loss.”

It goes on to allege the organizations failed to “exercise reasonable care” in monitoring the situation and identifying hazards that may pose a risk to visitors, and failing to warn people about the dangerous conditions.

The documents said Nymark has, and continues to suffer pain, inconvenience, loss of enjoyment of life, loss of physical health, and permanent disability as a result of the alleged negligence. It also said Nymark will and has suffered past and future loss of income and has racked up medical bills.

The lawsuit is seeking costs for general and special damages and reimbursement of health care costs. The precise dollar amount is not detailed in the civil claim.

Neither Tourism Kelowna nor the City of Kelowna have filed responses to the civil claim.

In a statement, the City said it has not yet been served, but “will be prepared to vigorously defend the claim”

“Since this is now before the court, the City will reserve comment until the matter is dealt with.”

In 2021, the Supreme Court of Canada ruled that people can sue cities over snow removal activities – or lack thereof – that cause injury.

It stemmed from a case of a Nelson women who injured her leg while climbing over a snowbank in the Kootenay city in 2015.

(Story by Tyler Marr/Kelowna10)