TV personality drops city, police from injury suit
Legal action continues in dunk-tank accident that led to brain injury
The city and the Calgary Police Service have been dropped as defendants in a lawsuit filed by Global Television personality Leslie Horton over a dunk-tank mishap.
But Horton’s claim, filed in Calgary Court of Queen’s Bench, continues to seek damages from the Calgary Police Association as well as the company which provided the tank for an event two years ago.
Court records show Horton’s lawyer, Don McFarlane, filed discontinuation notices to both the police service and the City of Calgary on July 14.
The notices did not explain why the two defendants were being dropped from the legal action.
Both had been named in a lawsuit filed by Horton last month seeking damages over a July 5, 2014, incident which occurred at the CPS Westwinds Campus.
Horton sued the police union for hiring Tubby’s Hot Tub and Party Rentals Inc. to provide the dunk tank for the event, in which she was asked to participate.
She also named the CPS, as occupiers of the property and the city, as owners, saying they were responsible under the provincial Occupiers Liability Act.
Her claim states that while in the dunk tank Horton hit her head “on an unpadded protruding portion.”
It alleges Tubby’s — among other things — was liable for failing to provide a properly designed dunk tank that was reasonably safe and not providing proper instructions on its use.
Among the alleged acts of negligence on the part of the CPA was “failure to ensure the party responsible for operating the dunk tank received proper instructions in the safe operation of the dunk tank.”
Horton, who suffered “traumatic brain injury,” “cognitive injuries including memory loss and concentration problems” and other wounds, is seeking $150,000 in damages.
Statements of defence disputing the allegations, which have not been proven in court, haven’t been filed.