Kamloops girl suing SD73 after breaking hip during 'fun day' activities

Student suing school district

A young Kamloops girl is suing School District 73 after “fun day” activities on the last day of school in 2019 landed her in hospital with injuries that required surgery to remedy.

The girl was an 11-year-old seventh-grade student on June 28, 2019, when she and her classmates took part in a special day of activities to celebrate the end of the school year. Castanet Kamloops is not naming the girl because of the nature of her injuries.

According to a notice of civil claim filed Tuesday in B.C. Supreme Court, the girl was running across a gymnasium bench set up on uneven grass when she fell, breaking her right hip and suffering injuries to her ankle.

“The plaintiff’s injuries occurred because the defendant failed to meet its standard of care,” the document reads, alleging school staff allowed or encouraged the girl to participate in an unsafe, inappropriate activity — described in the claim as "fun day" activities.

The document claims the girl’s injuries have caused pain, scarring, loss of strength and personality changes, as well as impairment of education and academic activities. According to the document, the girl also has difficulty sleeping, nightmares and increased nervousness since the incident.

“The defendant school district failed to take reasonable care to prevent the plaintiff’s injury when it was foreseeable that the activity could result in the injury or harm experienced by the plaintiff,” the claim states.

No dollar amount is set out in the notice of claim.

The Kamloops-Thompson school district has three weeks to reply once it’s been served.

None of the allegations in the notice of claim have been proven in court.

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