City denies any wrongdoing in car dealership lawsuit

The City of Penticton is denying any wrongdoing in a civil lawsuit in which three local car dealerships

The City of Penticton is denying any wrongdoing in a civil lawsuit in which three local car dealerships are claiming damage while the wastewater treatment plant was being painted.

Penticton Hyundai and Penticton Honda both back on to the waste treatment plant, the third defendant. They claim the city’s contractor, Penticton Sandblasting and Painting (also named as a defendant), allowed overspray to drift on to the dealerships when they were painting the building in April 2015.

Read more: Auto dealers file suit against City of Penticton

As a result, the Hyundai and Honda dealerships claim walls and windows were damaged, along with vehicles on the lots awaiting sale by the paint drifting on to their properties.

In the lawsuit, the dealerships said the city failed to warn neighbouring property owners and businesses that the spray painting work was being done and there was a possibility for overspray.

They filed a civil lawsuit against the City of Penticton and Penticton Sandblasting and Painting on Oct. 3 in B.C. Supreme Court.

In their response to notice of civil claim, the City of Penticton denies that it owed the plaintiffs any duty of care and that any of its employees and/or agents were negligent or breached duty of care. They also are denying that the plaintiffs have suffered any loss or damage caused by the city, other that it was caused by Penticton Sandblasting and Painting.

This is conflicting with what Mayor Andrew Jakubeit told the Penticton Western News on Oct. 11. When asked about the lawsuit, he responded that he wasn’t aware the problem had been taken to the court system. Jakubeit said both he and council were aware of what took place in April 2015, but thought it was being dealt with by city staff.

“This is over a year old. We thought it was being dealt with. It was our contractor who screwed up,” said Jakubeit. “On that case I thought we were just settling it, because at the end of the day, we were at fault.”

Read more: City facing a number of civil lawsuits

Jakubeit added it is the amount of money the car dealerships are seeking that is in negotiation through the lawyers.

The dealerships are seeking damages including the costs of repairs to their buildings and the damaged vehicles, business interruption and other related relief. Penticton Sandblasting has not responded to the claim

 

Just Posted

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 Penticton-area men charged with Kamloops brothers’ double homicide

Brothers Erick and Carlo Fryer were found deceased in May in Naramata

(File photo)
Penticton not holding Canada Day activities out of respect for Indigenous people

Cities across B.C. are cancelling the holiday after an increased spotlight on Canada’s dark history

Fruit farmers in the Okanagan and Creston valleys are in desperate need of cherry harvesters amid COVID-19 work shortages. (Photo: Unsplash/Abigail Miller)
‘Desperate’ need for workers at Okanagan cherry farms

Fruit farmers are worried they’ll have to abandon crops due to COVID-19 work shortages

JAK's Liquor Store in Penticton will be donating 10 per cent of its sales on Saturday, June 19, to the Penticton Salvation Army Food Bank. (Photo from JAKS.com)
Stock up your liquor cabinet and support the Penticton food bank

Jak’s beer and wine store is donating a portion of sales to local food banks Saturday

The illegal open fire above Naramata continues to smoke on Friday, June 18. The fire was left to burn itself out by BC Wildfire. (Monique Tamminga - Western News)
Illegal open burn in Naramata will be left to smoke

BC Wildfire could not confirm whether the property owner had been fined

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

British Columbia’s premier says he’s received a second dose of the Oxford-AstraZeneca COVID-19 vaccine. (Twitter/John Horgan)
B.C. premier gets 2nd dose of AstraZeneca COVID-19 vaccine

John Horgan shared a photo of himself on social media Friday afternoon holding a completed vaccination card

A lotto Max ticket is shown in Toronto on Monday Feb. 26, 2018.THE CANADIAN PRESS
No winning ticket sold for Friday’s $70 million Lotto Max jackpot

The huge jackpot has remained unclaimed for several weeks now

Earls On Top at 211 Bernard Avenue in Kelowna. (Google Maps photo)
Downtown Kelowna’s Earls ordered closed after COVID-19 transmission

Earls on Top on Bernard Avenue will be closed from June 18 to June 27

A motorycle crash has been reported on Westside Road. (Google Maps)
UPDATE: Westside Road reopened following motorcycle crash near Vernon

AIM Roads advises drivers to expect delays due to congestion

Dereck Donald Sears. (Contributed/Crimestoppers)
Murder charge laid in relation to suspicious Kelowna death

Dereck Donald Sears is charged with second-degree murder in the death of Darren Middleton

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

Most Read