A collision between a BC snowboarder and a skier led to one of the winter sports enthusiasts suing the other for damages.
A BC Civil Resolution Tribunal hearing between Mari Nagakawa and Gabriel Parent suggested that one of the riders crashed into the other from behind. The incident took place on Grouse Mountain.
Nagakawa claimed that while she was riding, Parent lost control and hit her from behind, not only injuring her but also damaging her clothes and equipment.
She claimed $5,000 in total damages.
- You might also like:
- Renter sues landlord claiming she entered his room while he was naked
- Landlord keeps vacation rental deposit over beet juice stains
- Some like it lukewarm: Renter sues roommate for keeping apartment too cold
The tribunal decision reveals that Nagakawa has been skiing for over 30 years, describing herself as an expert skier. She also claimed to have instructor certification.
Parent claimed he was no slouch, having been snowboarding since age seven.
If you’re familiar with Grouse, the collision occurred on the Expo run, which is considered intermediate. The tribunal decision also reveals that the weather was good, but no new snow existed for four days.
The accident report revealed that Nagakawa suffered a shoulder sprain, and ski patrollers had applied a sling, telling Nagakawa to seek medical care. She was later transported to a Burnaby hospital.
Nagakawa’s account of events is that she was having a normal run before she was suddenly hit from behind. She claims she didn’t see Parent coming. After the collision between the skier and snowboarder, Nagakawa said her goggles came off, and her face was in the snow. She was unable to move and felt pain all over her body. She then looked back to see Parent.
Parent, on the other hand, suggests Nagakawa was going downhill and collided with him.
A report from ski patrollers agrees with Nagakawa’s version of events that she was hit from behind. Still, the tribunal found that Nagakawa did not adequately prove that Parent was out of control when the two collided, meaning that Parent was not held at fault for the collision.
Initially, Nagakawa filed a suit against Grouse, suggesting that the run was inadequately maintained, but a settlement was reached. The details of that settlement are not provided in the tribunal hearing.
Ultimately, Nagakawa’s claims were dismissed, and she was not awarded anything.