The Town of Athabasca has filed a statement of defence, denying any culpability in a lawsuit filed over an incident that took place at the Athabasca Skateboard Park on Aug. 1, 2015.
Town chief administrative officer Josh Pyrcz said he had no comment about the statement of defence at this time.
“I believe it speaks for itself,” he said.
The original statement of claim for the case, filed on April 18 by Brent Boisvert of the Verhaeghe & Boisvert Law Office, states a child lost a part of their finger as the result of the town’s alleged negligence.
When contacted by the Advocate, Boisvert said he had received instructions from his client not to comment on the case.
The original statement also alleges that the town did not maintain the pavement at the park, that it allowed the defendant to enter an unsafe area, and failed to provide adequate warning about “jagged steel/concrete” at the park.
The claim also alleges the town failed to take reasonable care for the child’s safety at the skate park, which resulted in the child suffering injury, loss and damage.
The responding statement of defence, filed on June 29, states the Town of Athabasca “denies each and every allegation contained in the Statement of Claim.”
Further, the claim denies the details of the incident at the skate park, and “specifically denies there was an unmaintained portion of pavement at the skate park that had jagged edges of thick steel and concrete.”
“The Defendant states that the skate park was inspected, maintained and repaired on a reasonable and appropriate basis and was reasonably safe at all times for the skate park’s intended use,” the statement of defence reads.
It also reads that, if the incident occurred as it reads in the statement of claim, “the injury, loss and damage suffered by the Plaintiff … was caused solely, or was contributed to, by negligence of the Plaintiff.”
Specifically, the statement of defence alleges that the child failed to: use a scooter for its designed purpose; use the scooter in a safe and appropriate manner; to avoid a hazard they knew or ought to have known was present; and to pay proper and full attention to their path of travel.
In addition, the statement of defence alleges the supervisor or chaperone of the child was negligent in their supervision of the child, failing to ensure they were safe at the time of the incident.
The statement claims that the plaintiff “has failed to diligently follow the reasonable advice of (their) attending health care professionals since the Incident, thereby prolonging or complicating (their) rehabilitation.”
The statement claims the plaintiff had failed to “reasonably mitigate” their damages, if any, by not wearing safety equipment and that the damages claimed are excessive and not reasonably foreseeable.
The plaintiffs are seeking $120,000 in damages; defence is seeking dismissal of the plaintiff’s claim and the costs of the action.
The town is being represented by Dean Duckett Carlson LLP, an insurance-appointed firm based out of Edmonton.
“The next thing that will happen now is the town will wait to hear back in terms of what the response is to this,” Pyrcz said. “Then, we will be advised by our insurance company from there, and our lawyers.”
The town’s legal fees for this case have been covered by insurance up to this point, Pyrcz said.
