Exposed bolts on trestle caused injury: lawsuit
City faces legal action after jogger injured
Brenda Fenske says she was injured while jogging across the McCulloch Trestle
Warning signs should have been posted on the KVR Trail to alert users to bolts sticking up from a bridge deck, a woman is arguing in a lawsuit against the City of Penticton.
Brenda Fenske claims she was injured on Oct. 11, 2015, while jogging across the McCulloch Trestle near Red Rooster Winery.
“In order to avoid traffic on the bridge, she was forced to proceed upon the elevated centre part of the bridge where she tripped upon a bolt protruding from the trestle surface,” alleges the lawsuit, which was filed Wednesday in B.C. Supreme Court.
The self-described fitness trainer claims she suffered a fractured pinkie finger, sprained hand, knee abrasion, injured toes and other soft-tissue damage.
“As a further result of the aforementioned injuries, the plaintiff has suffered and continues to suffer severe pain, wage loss, loss of earning capacity, diminished house-making capacity, loss of amenities of life and remains unable to enjoy her recreational activities,” the lawsuit claims.
Fenske alleges the city, which maintains the bridge and trail, was negligent on 11 different counts, including “failing to ensure the bolts used on the trestle deck surface were not raised,” and “failing to post signs or notices at the entrance to the premises warning… of the existence of raised bolts.”
She is seeking an unspecified award for damages, legal costs and care expenses.
Fenske’s lawyer didn’t return a call for comment Thursday, while the city declined comment.
The wooden trestle, which is about three metres wide and 100 metres long, as of Thursday still had hundreds of bolts sticking up from the boards running down the centre of it.