SD 67 drawn into lawsuit

Photo: Google Street View

Location of the fall

The Okanagan Skaha School District is being sued by a woman seeking damages for a fall she took on a sidewalk lip this summer.

Alma Potter already filed a notice of civil claim against the District of Summerland in September, but filed a new claim Monday in B.C. Supreme Court also naming the local school board.

The lawsuit alleges Potter was walking out of the Summerland Aquatic Centre on Aug. 16 around 12:30 p.m., when she tripped on a sidewalk on Kelly Avenue.

“At the point of intersection of the sidewalks, the westbound sidewalk has fractured and collapsed several inches below the level of the Kelly Ave. sidewalk, creating an uneven and hazardous lip,” the lawsuit reads.

The fall fractured Potter’s pelvis, knee and caused soft tissue damage.

Like the first lawsuit, the claim is seeking damages from the school district and municipality for alleged negligence in failing to properly maintain the sidewalk. It's not clear from the lawsuit which body has responsibility over the sidewalk in question.

Neither the District of Summerland or the SD 67 have filed a response in court yet.