Mother of teen who died in boat accident goes to court
She’s seeking damages for loss of income, pain and suffering, and health-care costs
The mother of a disabled teenager who died this summer after a hoist lifting him out of a sailboat broke loose and dropped him is taking her case to B.C. Supreme Court.
On June 21 about 4 p.m., 16-year-old Gabriel Pollard, unable to use his legs and barely able to use his arms, was in a hand-winch sling being lifted out of a small sailboat when the hoist broke loose.
Gabriel fell onto the sailboat and then into the water. He was transported by ambulance to Victoria General Hospital where he was pronounced dead, according to his mother, Carrie Pollard, who said she saw it all.
Victoria lawyer Chris Considine has filed a notice of civil claim in court on behalf of Pollard.
“It’s every parent’s worst nightmare,” said Considine. “I feel so sad for the parents and for him. It’s difficult for everybody involved.”
The claim said Carrie Pollard has suffered shock, posttraumatic stress disorder, nightmares, depression and more. She is seeking damages for pain and suffering, loss of income and care and companionship, health-care costs and special damages.
Named as defendants in her claim are the Disabled Sailing Association of B.C. Victoria branch, Victoria Integration Society, Recreation Integration Victoria, Canadian Forces Sailing Association, the Department of National Defence, the Attorney General of Canada and employees John Doe No. 1 and No. 2.
None of the allegations have been proven in court.
Doug Nutting, director of operations for the Disabled Sailing Association of B.C. Victoria branch, said: “As this is in civil litigation, I have no comment.”
The incident happened on a dock off federal land at Munroe Head used by the Canadian Forces Sailing Association, as well as the Disabled Sailing Association, a separate organization. It is off Maplebank Road, adjacent to the Songhees Nation, in Esquimalt.
“Gabriel succumbed to his injuries from being dropped from the lift and/or sling and from being in the water for some time,” reads the notice of civil claim.
“At all material times to this action, the plaintiff was present and observed the lift and/or sling fail, her son fall and strike the sailboat, and then fall into the water, and struggle in the water awaiting rescue. The plaintiff accompanied her son in the ambulance and at the hospital and was present when he succumbed to his injuries.”
The alleged negligence claimed includes failing to provide a proper and safe lift in good mechanical order for the use of disabled sailors; modifying the lift/sling in a manner that did not comply with the manufacturer’s standards; failing to have emergency training in place for staff particularly on how to rescue a disabled sailor from the water; failing to provide appropriate personal flotation devices, particularly PFDs that would keep a disabled sailor’s head above water.
Pollard is a caregiver who is a single mother with a 13-year-old daughter. A memorial was held for her son, called an ambassador for people with muscular dystrophy, at Pearkes Arena on Aug. 11.