November 20, 2013 - 11:29 AM
TRU SPENT $170,000 MAKING ROUTE SAFE: STUDENT SUES WHEN HURT TAKING SIDE ROUTE
KAMLOOPS - A TRU student who failed in his lawsuit against the university when he broke his leg on an icy hill almost five years ago has now lost his appeal.
Joshua David Dandell, 21, claimed for injuries after slipping and falling on campus while taking a shortcut down an icy hill in February 2009. His leg and ankle were badly fractured.
A judge initially ruled that the university was not liable because the student assumed the risk by taking an alternate route rather than walking on a well-maintained sidewalk nearby.
The decision noted the university spends $150,000 per year maintaining snow on campus and spent $20,000 to install a nearby staircase and Dandell avoided it.
Dandell appealed the decision, saying the judge erred in law when deeming him at risk and finding the school met a standard of care. In a decision posted yesterday, the appeal was denied.
"The judge made no error in law," the appeal decision says. "Here there was a well-maintained access to the building the university intended for the students like Mr. Dandell to use rather than taking the shortcut. It would have taken him only 11 more seconds (to reach the new staircase.)"
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News from © InfoTel News Ltd, 2013