Whitehorse Daily Star

Hit by hay fork, man files suit

Close to a decade after he was struck by a pitchfork, Scott John Mueller is suing the office of the Yukon commissioner and two former Yukon government staffers identified only as Jane and John Doe.

By Whitehorse Star on December 19, 2006

Close to a decade after he was struck by a pitchfork, Scott John Mueller is suing the office of the Yukon commissioner and two former Yukon government staffers identified only as Jane and John Doe.

The lawsuit was filed last Friday in Yukon Supreme Court.

It states the now-20-year-old Mueller was part of a Conservation Adventure Team canoe trip in August 1997, when he was 11.

The trip was organized and offered through the territorial government.

When the group stopped at the Pelly Farm, most of the kids went to play in the hay pit, tossing the straw around with hay forks, the statement of claim reads.

Mueller told the two territorial government staff members supervising the trip he didn't want to go into the hay, but after they encouraged him to go in, he did.

'Very shortly after entering the hay pit, the plaintiff (Mueller) was struck in the head by the sharp tines of a hay fork wielded by another participant in the Conservation Adventure Team canoe trip and who was about the age of 12,' the lawsuit states.

One of the fork's tines went into Mueller's ear, causing severe damage to his brain and ear, the lawsuit notes.

The injury, it states, was caused by the conduct of the two employees and included:

  • failing to adequately supervise Mueller and the other youth who hit him with the hay fork;

  • failing to ensure the hay pit was safe place for the youth in their charge to play in;

-� failing to remove the pitch forks from the hay prior to the youngsters going into the hay pit;

  • failing to prevent or stop the youths under their supervision from using hay forks to play with in the hay pit; and

-� failing to intervene between Mueller and other kids under their supervision when they knew or ought to have known that others would likely strike him.

As a result, the lawsuit continues, Mueller suffered and continues to suffer from traumatic brain injury, hearing loss, epilepsy and tinnitus. Someone afflected with that condition hears sounds like ringing that aren't there and may feel pressure around their ears.

Mueller also suffered and continues to suffer 'significant loss' of enjoyment of life, as well as pain and suffering, the lawsuit claims.

There have been a continued loss of income and impairment of earning capacity, the documents say.

As well, Mueller has suffered a loss of ability to participate in domestic, recreational and occupational activities, the lawsuit reads.

The man has also incurred and continues to pay for special damages like the cost of insured health services, it notes.

As the Commissioner of the Yukon is a representative of the Queen in the territory and was responsible for the governance of the territory, including youth activities like the Conservation Adventure Team, the office is listed as part of the lawsuit along with the two staff members who were supervising the youngsters on the trip.

Mueller is looking for general damages, special damages, interest, costs and anything further the court deems as just.

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