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A slip-and-fall lawsuit filed against Calypso Theme Water Park has been dismissed after a judge found a woman who claimed she broke her elbow at one of the park’s attractions failed to prove Calypso was negligent.
Danielle Yelle and her husband had been suing Calypso for $825,000 in damages following the July 11, 2010 incident where Yelle said she slipped and fell while entering the Jungle Run river.
Ontario Superior Court Justice Robert Beaudoin dismissed the lawsuit after concluding that Calypso took reasonable care to see that park users were reasonably safe while in the park. He also found that Yelle had not slipped as a result of any negligent act or omission by Calypso.
“The plaintiffs were responsible for proving that the incident was the direct result of negligence on the part of the defendants,” Justice Beaudoin wrote in his judgment, which was in French. “They had an obligation to prove there existed a danger, which they were not successful in establishing.”
Calypso is still facing several other lawsuits as a result of other incidents on their water slides. Calypso was found guilty last month of six violations under the Technical Standards and Safety Act.
One water slide at Calypso Theme Water Park posed a danger to its riders, and another was supervised by attendants “flagrantly lacking” in knowledge of how to properly run it, an Ottawa justice of the peace ruled in that case. A sentencing hearing in that case is set for June 12.
In a statement, Calypso’s lawyer Sally Gomery called the dismissed lawsuit “a perfect example of frivolous cases filed against Calypso.
“Today, Calypso was vindicated, and we are pleased that Judge Beaudoin recognized that the Yelles did not have any evidence to show that Calypso was negligent,” added Gomery.
The Yelles were ordered to pay Calypso’s legal costs.
aseymour@ottawacitizen.com
Twitter.com/andrew_seymour
查看原文...
Danielle Yelle and her husband had been suing Calypso for $825,000 in damages following the July 11, 2010 incident where Yelle said she slipped and fell while entering the Jungle Run river.
Ontario Superior Court Justice Robert Beaudoin dismissed the lawsuit after concluding that Calypso took reasonable care to see that park users were reasonably safe while in the park. He also found that Yelle had not slipped as a result of any negligent act or omission by Calypso.
“The plaintiffs were responsible for proving that the incident was the direct result of negligence on the part of the defendants,” Justice Beaudoin wrote in his judgment, which was in French. “They had an obligation to prove there existed a danger, which they were not successful in establishing.”
Calypso is still facing several other lawsuits as a result of other incidents on their water slides. Calypso was found guilty last month of six violations under the Technical Standards and Safety Act.
One water slide at Calypso Theme Water Park posed a danger to its riders, and another was supervised by attendants “flagrantly lacking” in knowledge of how to properly run it, an Ottawa justice of the peace ruled in that case. A sentencing hearing in that case is set for June 12.
In a statement, Calypso’s lawyer Sally Gomery called the dismissed lawsuit “a perfect example of frivolous cases filed against Calypso.
“Today, Calypso was vindicated, and we are pleased that Judge Beaudoin recognized that the Yelles did not have any evidence to show that Calypso was negligent,” added Gomery.
The Yelles were ordered to pay Calypso’s legal costs.
aseymour@ottawacitizen.com
Twitter.com/andrew_seymour
查看原文...
