City sued over 2020 toboggan collision with concrete block

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This article was published 13/01/2022 (1718 days ago), so information in it may no longer be current.

Two men injured when their toboggan slammed into a concrete block hidden by snow on Garbage Hill are suing the City of Winnipeg.

In a statement of claim filed in Manitoba Court of Queen’s Bench last week, Ben Overton and Andrew Worth, both long-distance drivers with Jade Transport, say the injuries they suffered Dec. 27, 2020, on the site formally known as Westview Park were due to the city’s negligence, including not putting up any signs or any other warning devices.

The pair, with Overton in front, went on a run down the south side of Garbage Hill, striking a cement block at the bottom hidden by snow.

Overton suffered several physical injuries, including a burst fracture of his spine and left rotator cuff tear, and continues, among other problems, to have difficulty sleeping, loss of mobility and strength, depression and anxiety, and pain, the statement of claim says.

Worth had extensive fractures of his jaw and loss of teeth, eight broken ribs, nerve damage, loss of consciousness, and continues to suffer several other problems, including difficulties with speech and eating, the documents say.

A fundraiser for Overton’s care said the former New Zealander, married and father of two, did not suffer permanent spinal damage so “he will walk again, but his recovery will be long.”

A fundraiser seeking help with Worth’s care said the man was in a coma for four days following eight hours of reconstructive surgery and “titanium plates were inserted where his jaw bone and chin used to be.”

The pair are seeking unspecified general and special damages, including the cost of any past and future medical and dental care, as well as in-trust claims for both of their spouses.

Their lawyer, Noah Globerman, said Thursday he would not comment at this time.

A statement from the City of Winnipeg said it could not comment about the matter while it is before the courts.

As well, a city spokesman said officials also can’t say whether any signage or fencing has been put up since the incident, because that was also related to the lawsuit.

The allegations have not been proven in court and no statement of defence has yet been filed.

kevin.rollason@freepress.mb.ca