A judge has ruled in the city’s favour after a woman injured herself trying to cross a snowbank in 2015. Photo: Bill Metcalfe

Judge: Nelson not liable for snowbank injury

A woman sued the city after injuring herself in 2015

A B.C. Supreme Court judge has ruled in favour of the City of Nelson after it was sued by a woman who injured herself stepping into a downtown snowbank four years ago.

Taryn Joy Marchi said the city was liable after the then-28-year-old injured her knee trying to step through a snowbank on the 300 block of Baker Street on Jan. 6, 2015. She was sent to Kootenay Lake Hospital and later transferred to Kelowna.

At the time, the city was working on plowing downtown during a period of heavy snowfall. Marchi was wearing running shoes and said she thought the snowbank would be sufficiently packed to cross.

Justice Mark McEwan ruled on March 8 in Rossland that Nelson’s snow-removal policies were “rational.”

“The plaintiff assumed the risk of crossing the snowbank and an unfortunate accident followed,” wrote McEwan in his decision. “She was the author of her own misfortune and I see no way that the city can be blamed for the accident.”

Marchi’s lawsuit was only related to liability. She had already agreed on damages with the city, the specifics of which were not made public in the ruling.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Trucking company fined $175K for Lemon Creek fuel spill

Decision handed down last Friday in Nelson court

Interior Health leading the way with innovative therapy for stroke patients

Percentage of ischemic stroke patients who received treatment has risen dramatically

Trail open house part of Basin-wide public engagement

Trail event goes Thursday, March 12 from 2-6 p.m., and guided discussion from 6-8 p.m.

Missing Nelson woman found dead

Police say there is no evidence of a crime in the death of Heather Gunderson

Foul play involved in Slocan Valley man’s death, police say

RCMP have identified dead man as 47-year-old Aaron Graham

Clothing, jewelry, purses: RCMP ask court about disposal of evidence in Robert Pickton case

Pickton was sentenced to life with no chance of parole for 25 years for the murders of six women

Ryan nets hat trick in return as Senators beat Canucks 5-2

Ottawa winger received assistance for admitted alcohol problem

Wet’suwet’en hereditary chiefs meet with provincial, federal ministers

Neither party speaking on the groundwork laid for tomorrow’s talks

Speaker ‘will not tolerate illegal activity’ on B.C. legislature grounds, says chief of staff

Chief of staff to the B.C. speaker Alan Mullen says situation with demonstrators appears ‘fluid’

MPs to examine privacy implications of facial-recognition technology used by RCMP

The MPs will look at how the technology affects the privacy, security and safety of children

Dates back to 2009: Calgary police lay charges in fraud involving semi-trucks

Three people from Calgary are facing charges that include fraud over $5,000

Wet’suwet’en hereditary chiefs optimistic ahead of talks with feds, province

Discussions with provincial and federal governments expected to start later today

‘The project is proceeding’: Horgan resolute in support of northern B.C. pipeline

B.C. premier speaks as talks scheduled with Wet’suwet’en hereditary chiefs

Most Read