Trial into ‘catastrophic’ diving injury begins
Twelve years after a then 16-yearold diver suffered what was described as a “catastrophic injury” at the University of Regina pool, a jury trial opened Monday that will determine liability and potential compensation.
Miranda Biletski, who competed in the Rio Paralympic Games in wheelchair rugby, is the focus of a civil trial probing the accident that left her a quadriplegic. During a swimming practice on June 6, 2005, while making a shallow dive into four feet of water from off the starter blocks, she struck her head on the bottom of the swimming pool at the U of R and shattered a vertebrae.
“No one knows why the dive went so wrong, but the results were devastating,” her lawyer Al McIntyre told the six-person jury in his opening statement.
At the time of the training accident, Biletski, who began competitive swimming at age eight, was a member of the Regina Piranhas Summer Swim Club. Her family had moved to Regina from Assiniboia in August 2004 so she could pursue competitive swimming, and she joined the club in May of 2005. “Only 37 days later, this tragedy befalls her,” said McIntyre. It was her second attempt at the training exercise during the fateful practice.
Biletski sued the University of Regina, which in turn launched a civil action against the swim club.
In outlining the case, Court of Queen’s Bench Justice Ted Zarzeczny read from the statements of claim and defence — but reminded the jury that “it is just a claim until it is proven by the evidence given in this court.”
Biletiski’s claim alleges her injury was caused solely as a result of negligence by the U of R, including allowing diving from blocks when the pool depth was insufficient to allow safe entry to the water, having insufficient water in the pool, following a standard that was inadequate to protect competitive swimmers from injury, using inappropriate or incorrectly configured diving blocks, and failing to inform competitive swimmers of the potential risks.
In its statement of defence — also unproven at this point, noted Zarzeczny — the university denies it was negligent.
It says the plaintiff’s use of the pool was subject to a contract the university had with the swim club, that the club and members assumed all liability, and that Biletski voluntarily assumed any risks as a member of the team.
The defendants add that she was supervised by a coach or employee of the club, who was responsible for assessing the situation for safety.
If the university is liable — which is denied — then the defendant claims Biletski is guilty of contributory negligence for failing to exercise judgment and prudence, and failing to take precautions and assess the water depth.
The U of R also launched a “third-party claim” against the Piranhas Swim Club, joining it as a party to the lawsuit.
Zarzeczny explained to the jury that the U of R says if it’s found liable as described in Biletski’s claim, then the university is entitled to be indemnified in full by the Piranhas Club. Alternatively, if the U of R is liable, it relies on “contributory negligence” by the Piranhas.
The swim club also filed a defence, admitting it had a contract for its summer swim program but denies the U of R’s claims.
In his opening to the jury, McIntyre said Biletski seeks a “significant sum of money” to provide for her past, present and future needs and to compensate her for pain and suffering.
He described her as a “determined and stubborn” athlete who has persevered despite the devastating injury.
The hearing is expected to run for three weeks.