City sued for Nanaimo Sq. scooter crash
A man who claims he was seriously injured last year after riding his mobility scooter off an elevated platform in Nanaimo Square is suing the City of Penticton for damages – from his new home at a local care facility.
Donald Lloyd Chambers was injured Oct. 16, 2023, according to a lawsuit filed April 12 in B.C. Supreme Court that lists the city as sole defendant.
At issue is the elevated concrete platform that hugs the CIBC building on the north side of Nanaimo Square in downtown Penticton. The platform is level with the sidewalk on the east side, but has several stairs down to street level on the south and west sides.
Chambers allegedly drove his scooter onto the platform from the east side, then tumbled down the steps on the west side.
“The plaintiff left the scooter and the scooter landed on him,” claims the lawsuit.
Chambers’ injuries included fractured ribs, damage to his face and internal organs, irregular heartbeat, facial damage and more.
“As a result of the injuries, the plaintiff has undergone and continues to undergo medical care, and has suffered and continues to suffer pain and discomfort and emotional upset and has suffered and continues to suffer loss of enjoyment of life,” continues the lawsuit.
“As a further result of his injuries, the plaintiff has been unable to continue living on his own and has had to remain hospitalized and in rehabilitative care while he awaits an assisted living placement.”
Chambers’ address is listed in the lawsuit as Westview Place, a long-term care facility on the grounds of Penticton Regional Hospital.
He’s seeking financial compensation for his injuries due to what he alleges is negligence on the part of the City of Penticton by failing to make the platform safe.
City spokesman Shane Mills declined comment Tuesday as the case is now before the courts.
It’s unclear what, if any, steps the city has taken since October 2023 to keep the platform safe, although yellow paint around the steps seems to have been freshened up since July 2023, based on recent photos of Nanaimo Square available through Google Maps.
Mills said only that “the painting is part of the city’s regular remarking program that is occurring throughout the community.”