A fitness trainer has filed a notice of civil claim against the City of Penticton for a fall she took while running on a trestle bridge.
Brenda Fenske said on Oct. 11, 2015 she was jogging on the Andrew McCulloch Trestle bridge and in order to avoid traffic onthe bridge she was forced to proceed on the elevated centre part where she tripped on a bolt protruding from the trestle surface. The wooden trestle bridge is located on the KVR trail between Lochore Road and Lakeview Cemetery.
According to the court documents Fenske suffered a fracture on her pinkie finger on her left hand, sprain to the left hand,abrasion to the right knee, soft tissue injury to the right knee and left arm and injury to the big toes of her right foot.
“As a further result of the aforementioned injuries, the plaintiff has suffered and continues to suffer severe pain, wage loss, lossof earning capacity, diminished homemaking capacity, loss of amenities of life and remains unable to enjoy her recreationalactivities,” is stated in the civil claim.
Fenske is suing the city for 11 counts of negligence including failure to ensure the bolts used on the trestle deck surface werenot raised and failure to give users adequate warning of the danger posed by the protruding bolts. She is seeking generaldamages, special damages and past and future cost(s) of health care services — the exact amount was not specified.
The lawsuit was filed on Feb. 22 in B.C. Supreme Court.
