Kamloops woman files civil suit against City of Penticton

A woman who tripped over a tree root in Rotary Park and was injured has launched a civil claim against the City Of Penticton.

A woman who tripped over a tree root in Rotary Park and was injured has launched a civil claim against the City Of Penticton.

Donna Alice Russell said in August of 2014 she was a tourist in Penticton walking across a grassy area in Rotary Park when she tripped and fell as a result of striking a root from a tree which was growing in the park and “presented an unforeseen hazard.”

In her claim Russell states the city failed to take care of the grounds to ensure the public is reasonably safe in the park because of exposed roots of trees poking through the grass. As well, she states the city should have posted warnings that there may be hidden objects in the grass which could pose a hazard. Alternatively, she suggests the city could have put barriers around the roots.

As a result Russell, who is retired and resides in Kamloops, said she had a fractured ankle. In her claim, Russell said she suffered “serious and permanent personal injuries resulting in permanent impairment and disability, pain and suffering and loss of enjoyment of life.” She was hospitalized and underwent surgery and still continues to suffer pain in her ankle.

Russell claims she also suffered financially. Besides the cost of care and rehabilitation she also was hit with an ambulance fee, hospital charges — the amount she is seeking in damages was not stated.