Whitehorse Daily Star

Woman sues over Canada Day tumble

Almost a year later, the 2006 Canada Day celebrations in Whitehorse have turned into a lawsuit for the Yukon's commissioner.

By Whitehorse Star on July 2, 2007

Almost a year later, the 2006 Canada Day celebrations in Whitehorse have turned into a lawsuit for the Yukon's commissioner.

Susan Moorlag is suing the commissioner, as the representative for the Yukon Territory, for a fall she suffered while heading up to her vehicle from Rotary Peace Park at the 2006 event.

The lawsuit was filed by Moorlag in Yukon Supreme Court last monh.

It states she had parked her vehicle in the Yukon government administration parking lot, which was open for public use that day.

At around 10 a.m., she left the park using a trail leading up to the legislature grounds and toward the parking lot where she had left her car.

'While walking on the grassy area, the plaintiff (Moorlag) stepped into a hole and consequently suffered personal injury,' the lawsuit states.

The hole was concealed with grass that was cut to the same level as the lawn around it, it's argued.

The lawsuit then goes on to state the hole was caused by a depression in the ground after the sprinkler system was installed by the government.

The commissioner, agents and employees should have known the hole was there and that it was a danger, court documents charge.

Among her injuries from the fall, Moorlag suffered from a broken leg, musculoskeletal injuries, as well as mental distress and inconvenience.

The lawsuit then states there was negligence in:

the failure to have regular inspections and maintenance in place for the grounds;

the failure to post warning signs;

the failure to fill in or deal with the hole;

the failure to ensure employees or agents carried out their responsibilities to provide safety for people who are lawfully on the legislature grounds;

cutting the grass is a way that rendered the hole invisible; and

the failure to conduct inspections as necessary to ensure the safety of the public.

While Moorlag doesn't request a specific monetary amount in the five-page lawsuit, she is seeking both general and special damages. They include the costs of medical treatment, prejudgment interest, court costs and anything further the court may order.

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