A man is suing both the Canadian and Yukon amateur softball associations after the bleachers at Whitehorse’s Pepsi Softball Centre allegedly “gave way” during the 2016 Canadian Slo-Pitch Championships, seriously injuring him.
In a statement of claim filed to the Yukon Supreme Court Aug. 9, Ryan Joynt alleges that he was attending the championships as a spectator on Aug. 12, 2016, and was walking along the Pepsi Centre bleachers when they “gave way” and Joynt was “left suspended.”
The incident allegedly left Joynt, described in the statement of claim as a “labourer,” with injuries to both legs and his lower body and back as well as “multiple bruises and lacerations to the body,” “loss of sleep” and anxiety.
The alleged injuries have caused him “pain, suffering and loss of enjoyment of life” as well as a “permanent physical disability,” the statement of claim says, and have resulted in a “loss of earning” and a “loss of income earning capacity.” As well, Joynt has paid for, and is continuing to pay for, medical treatment as a result of his injuries, the lawsuit alleges, and “has received and continues to receive care and services from his family.”
The lawsuit claims that, at the time, Softball Canada and Softball Yukon were co-hosting the 2016 men’s and women’s Canadian Slo-Pitch Championships, and Joynt’s injuries were “caused and/or contributed by the negligence and/or wrongful acts” of both associations.
That alleged negligence includes, according to the statement of claim, Softball Canada and Softball Yukon’s failure “to take any or any reasonable care to ensure that Joynt would be reasonably safe in using the bleachers at the Pepsi Centre,” “failing to take any or any adequate measures, whether by way of examination, inspection or otherwise to ensure that the bleachers at the Pepsi Centre were in a reasonable safe condition,” “failing to provide any warning or sign of unusual dangers at the Pepsi Centre” and “failing to maintain the Pepsi Centre in a safe condition.”
Joynt is seeking, among other things, general damages for “pain, suffering, loss of amenities, and loss of enjoyment of life,” damages for “past lost income and loss of opportunity to earn income” as well as “future cost of care” and “loss of house maintenance capacity,” special damages and the cost of the action.
The allegations have not been tested in court.
As of press time, neither Softball Yukon or Softball Canada had filed responses to the lawsuit.
Contact Jackie Hong at firstname.lastname@example.org