A Richmond trampoline park is denying any responsibility in the death of a Victoria dad that occurred at its facility last year.
In response to the second lawsuit filed against Extreme Air in relation to the death of 46-year-old Jay Greenwood, the company disputes the events laid out by Greenwood’s two children in their notice of civil claim.
Greenwood’s daughters, 10 and 12 at the time of the incident, were at the trampoline park with their dad on Jan. 20, 2018 and witnessed him do what police described as “a series of acrobatic manoeuvres prior to a fall that caused serious injury and cardiac arrest.”
The claim states that the girls “witnessed the incident and realized their father was gravely injured and possibly deceased which was shocking and horrifying to them.”
READ MORE: Family sues Richmond trampoline park for negligence in death of B.C. dad
The girls ran to staff for help but were not given immediate assistance, according to the claim.
The lawsuit, filed through their guardian Molly Gates, against Extreme Air Park, John Doe (an employee of the Extreme Air Park), and Triangle Investments (the investment company that owns the building but is not involved in the operations) shows the girls claim nervous shock as a result of the incident.
The claim argues that the incident was caused by the negligence of the trampoline park through failing to provide: adequate supervision, regular monitoring of activities, sufficient foam in the foam pit, an appropriate type of foam for activity, sufficient staff and first aid training to staff, safety protocols in the event of injury, and more.
READ MORE: Victoria father dies after accident at Richmond trampoline facility
In response to the claim, Extreme Air denied that Greenwood’s death was as a result of its negligence, breach of duty of care or failure to warn.
It denied the incident occurred as alleged, but in the alternative, Extreme Air claims Greenwood caused or contributed to the incident by failing to pay sufficient attention to the activity he was engaged in, failing to take proper or any care for his safety, failing to follow oral warning and instructions given by employees, misusing premises and using the trampoline and/or foam pit when his ability to do so was impaired or compromised by fatigue, the consumption of alcohol or ingesting of drugs.
Extreme Air states that Greenwood and the girls willingly accepted and assumed any risk of injury at their own risk.
The company also claimed the death was not caused by the injury but possibly by previous or subsequent incidents involving Greenwood, congenital defects or pre-existing conditions or injuries.
Extreme Air said it did not cause the death or the suffering of the girls.
This is the second claim brought against Extreme Air in relation to this incident. On June 20, Greenwood’s wife Tanya Hayes filed a claim against the same defendants, stating she and her three children have lost love, guidance and companionship, financial support, child care and household assistance.
Â
keri.coles@blackpress.caFollow us on Instagram
