A Langford woman who says she was hit by a puck while watching a roller hockey game at Eagle Ridge Arena nine years ago is suing the city and arena operator, citing negligence causing injury and breach of statutory duty.
Sherry Lynn Matthews is also suing the Eagle Ridge team for negligence causing injury. The case, which began Tuesday before a jury in B.C. Supreme Court, is expected to last 11 days.
Matthews’ notice of civil claim alleges that she was sitting in the bleachers on May 3, 2014 watching a roller hockey game at the Eagle Ridge Arena when she was struck in the right eye with a roller hockey puck.
The puck entered the seating area through a hole in the protective netting surrounding the arena, the claim says.
Matthews says Langford and the operator, Performance Plus Hockey Inc., owed a duty of care to ensure she would be safe using the premises and that she would not be exposed to a risk of damage or injury. Langford and the operator also owed a duty of care and diligence to ensure that adequate measures were taken to eliminate hazards, the claim says.
Langford and Performance Plus Hockey should have known the premises were in a dangerous condition and should have inspected the premises to make sure that they were in reasonable condition, says the claim.
The city and the operator failed to install adequate protective shielding or netting around the arena where the bleachers are located, the claim alleges. They also failed to ensure the netting was inspected and could protect Matthews from being injured by a puck flying into the seating area, it says.
The claim, which was filed in March 2016, says Matthews suffered shock and pain. She sustained an injury to her eyes and face, including a nasal fracture. She experienced loss of consciousness, a concussion, nausea, impaired vision, difficulty focusing, headaches, depression and anxiety, it says.
Matthews is seeking damages for pain and suffering, disfigurement, loss of the enjoyment of life and physical and emotional distress. She is also seeking damages for loss of income, both past and present, the costs of past and future care, damages for loss of earning capacity, and loss of past and future housekeeping capacity.
The City of Langford said the case was handed over to its insurer and to Performance Plus Hockey.
A response to the claim, filed by Performance Plus Hockey Inc. in September 2016, denies that Matthews was hit by a roller hockey puck. It denies that she sustained any injury, damage, expense or other losses.
If Matthews was injured, then those injuries were caused by her own negligence by, among other things, “failing to keep a proper look while watching the hockey game,” says the response.
Performance Plus Hockey denies it was negligent and in breach of its statutory duty under the Occupiers Liability Act. It denies causing injury and loss to Matthews and asks for the case to be dismissed.
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