Surrey resident trips on "small hole" crossing the street and sues the City

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A resident of Surrey had a bad fall and decided to sue the City, claiming negligence in its duty to maintain streets.

Jacqueline Lewis sued the City of Surrey for personal injury damages, pain and suffering and physiotherapy expenses, asking the BC Civil Resolution Tribunal for $5,080.

In response, Surrey says that Lewis failed to prove it was liable for her injuries and asked to dismiss the case entirely.

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Almost exactly two years ago, on March 5, 2022, Lewis was crossing the street at 152nd Street at 16th Avenue in Surrey.

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She was walking from west to east on the north side of the intersection.

Lewis said she tripped over a “small hole” in the crosswalk pavement that caused her to stumble to the “other side of the road,” where she fell and suffered injuries.

The City of Surrey didn’t wholly absolve itself. It acknowledged and didn’t dispute Lewis’s tripping nor deny that it was responsible for maintaining that intersection. However, it said it wasn’t liable for Lewis’ damages.

Like other municipalities, Surrey relies on service requests and reports from residents about issues on City roads.

Looking at its records, Surrey showed evidence that there were no requests for service on the crosswalk where Lewis suffered her fall, just some nearby areas.

The City also stated that even if it received a service request for the area where Lewis fell, it would not have taken any action, as the perceived hole or damage to the crosswalk wasn’t out of the norm.

Lewis did submit some evidence of her own, including a picture of a small hole in the pavement.

“I find this photograph alone is insufficient to conclude that the City obviously breached a reasonable standard of care for road maintenance,” the tribunal said.

That was all she wrote, and the tribunal dismissed Lewis’ dispute.