91原创 Township and a property owner are being sued after a local man says he fell into a storm drain and broke his collar bone two years ago.
A claim filed with the B.C. Provincial Court on May 24 says the plaintiff was walking along the side of the road on Aug. 1, 2020 when he fell into what is described as a 鈥渟unken rock pit/storm drain鈥� near 200th Street in Brookswood.
It鈥檚 unclear whether the injury happened on the road owned by the Township, or on the property of a nearby homeowner. Both are named in the lawsuit.
In either case, the lawsuit claims the landowner or the Township failed to keep the property in a 鈥渞easonably safe condition鈥� for use by members of the public.
Although the statement of claim filed with the court doesn鈥檛 say when the incident took place, it does accuse the Township of 鈥渇ailing to provide any or adequate lighting upon the Township lands.鈥�
Nearly two years later, the man who fell says the injury is still in need of medical care and treatment, and has caused losses and expenses.
The Township filed a response on July 6 and denied all the allegations, including that the municipality was in any way negligent.
There was a policy for the inspection and maintenance of rock pits at the time, and that the policy was both adequate and was being followed by the Township鈥檚 staff.
None of the statements made in the claim or response have been tested in court.
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