A resident of Whitehorse’s Takhini Mobile Home Park who allegedly slipped and fell on a patch of ice in December, injuring herself, is suing the company that owns the property for negligence.
In a statement of claim filed to the Yukon Supreme Court May 16, Betty Kociuk alleges that the negligence of Malamute Saloon Limited, which owns the Takhini Mobile Home Park at 833 Range Rd., resulted in her fracturing her left shoulder and wrist.
According to the lawsuit, the alleged incident happened between 5 and 6 p.m. on Dec. 5, 2017, when Kociuk was walking her dog on an ice-and-snow covered roadway in the park.
The snow “concealed the the existence of the ice from individuals passing over the roadway,” the statement of claim alleges, and as Kociuk was walking her dog, she “stepped onto the (ice), which caused her to slip and fall and sustain severe injuries, loss and damages.”
Kociuk suffered a fractured left shoulder and wrist as a result of the fall, the lawsuit claims, and as a result, “has incurred and continues to incur, loss of function and quality of life, including but not limited to her ability to participate in and perform normal social, domestic and recreational activities.” It also alleges that she has “received and continues to receive medical treatment and various forms of therapy.”
The lawsuit claims that Kociuk’s injuries and subsequent losses were caused “exclusively” by the negligence of Malamute Saloon Limited, which includes “failing to provide or maintain safe conditions for persons entering the Takhini Mobile Home Park,” “permitting or allowing (the ice) to remain in a hazardous or dangerous location where it posed a hazard to the safety of persons visiting or living in Takhini Mobile Home Park” and “failing to provide any adequate warning of (the ice) or danger posed by (the ice).”
The allegations have not been proven in court.
Kociuk is seeking unspecified general and special damages as well as costs.
Contact Jackie Hong at firstname.lastname@example.org