A Vernon woman is suing the Funtastic Sports Society and the City of Enderby after breaking her ankle on the baseball diamond during last summer’s slo-pitch tournament.
According to a notice of civil claim filed in B.C. Supreme Court on Tuesday, Jan. 10, the plaintiff, Vikki Tronson, was playing third base during the tournament when she stepped on a base peg “that had not been removed from the field and/or on uneven ground and loose soil, causing her to lose her footing.”
Tronson heard a snap and fell to the ground. She suffered a malleolar fracture of the right ankle.
Tronson is seeking compensation for her injured ankle and past and future healthcare costs following the incident on July 1, 2022.
The notice of claim lists the Vernon and District Funtastic Sports Society and the City of Enderby as defendants. It states that the city was the owner of the lands used for the 2022 Funtastic Slo-Pitch Tournament, and the society had a rental agreement with the city to rent the land for the tournament.
The claim states the city and Funtastic “owed a duty to the plaintiff to take reasonable care to see that the plaintiff would be reasonably safe while at the premises.”
According to Tronson’s claim, she suffered injuries that have had an effect on her health and lifestyle ever since, including pain and injury to her right ankle, soft tissue injury, sleep disturbances and chronic pain and stiffness, all of which continue to cause suffering, discomfort, a loss of enjoyment in life, permanent physical disability and loss of earnings both past and future.
As a result of the accident, the claim states Tronson has been less able to manage household chores and yard work, and has had to rely on family members to help her.
The claim states that the defendants failed to take “adequate measures, whether by way of examination, inspection, test, or otherwise, to ensure that baseball diamonds of the premises were in a reasonable and safe condition or to ensure that the baseball diamonds were not dangerous and/or defective.”
The claim doesn’t state how much money in damages Tronson is seeking, but says the plaintiff has “incurred medical and other out of pocket expenses as a result of the accident, particulars of which will be provided prior to the trial of this action.”
The defendants have 21 days to respond to the claim.