Lawsuit blaming City of Penticton for cracked windshield rejected

Photo: Pixabay

Stock photo.

The City of Penticton won't be forking out the funds to fix a crack in a windshield, despite an attempted lawsuit.

B.C.’s Civil Resolution Tribunal has dismissed a dispute filed against the City of Penticton for a damaged windshield, where the driver claimed the municipality failed to adequately clean a city road and was responsible for the repairs.

According to the Nov. 30 decision, on March 7, 2022, Christine Gooch’s vehicle was parked on the street on Duncan Avenue West in Penticton, when a rock was kicked up by a passing vehicle and cracked the vehicle’s windshield.

Gooch’s claim stated that Penticton was responsible for the damage for failing to adequately clean the streets of debris and sought $300 which they say is the deductible their insurance company is charging them to repair the windshield.

The city responded by saying it followed its street cleaning policy and is not responsible for the damage.

The city also pointed out that Gooch initially asked for $200, then raised the ask to $300 in this dispute, "without explanation," as noted by the tribunal findings.

In a comment made after the decision, Gooch disputes that it was without explanation, saying that her initial ask was $200 before she realized her comprehensive damage deduction was $300, and said she felt her integrity was being questioned.

The tribunal decision stated that the issue in the applicant’s claim is that they provided "no evidence" of the repair costs, such as a quote, an insurance policy, or any documentation from their insurance company indicating any costs to be paid by the applicant.

Without any evidence supporting any claim for damages, the applicant’s damages are considered unproven and were dismissed by the tribunal.

Gooch maintains the City of Penticton should have done more to keep the 600 block of Duncan Avenue West cleared of rock and debris, as it is a main thoroughfare.