Shuswap father suing school district after daughter injured in playground fight | iNFOnews | Thompson-Okanagan's News Source
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Shuswap father suing school district after daughter injured in playground fight

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A Shuswap parent is suing the school district after his daughter suffered serious injuries during a fight at lunchtime.

According to a Notice of Claim filed in the Supreme Court of BC April 13, a parent claims staff at the school didn't intervene to stop the fight and accuses them of "deliberate, high-handed" arrogance.

The court documents say the daughter was attending Carlin Elementary Middle School in Tappen when the fight took place in November 2022.

The father is suing School District 83 on his daughter's behalf. iNFOnews.ca has chosen not to name them because she is still a minor.

He claims his daughter was in the schoolyard at lunchtime when a group of students gathered and encouraged a "violent encounter" between his daughter and another student.

"During the fight, the plaintiff was struck and knocked to the ground by another student, hitting her head and neck," the notice of claim says.

Other students filmed the fight on their phones and shared the video.

"Despite the fight and the assault being on school grounds during supervised schoolyard activities and in plain view of... (staff and volunteers), the... (staff and volunteers) did not attend, intervene or put a stop to the fight or the assault and did not prevent the group of students from recording of distributing recordings of the same," the court document reads.

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The father says his daughter suffered a mild traumatic brain injury, along with neck, back, and facial injuries.

"As a result of the fight and the assault and the conduct of the (school), the plaintiff will suffer a loss of ability to earn income in the future," the notice of claim states. "The plaintiff has suffered a loss or diminishment of the plaintiff’s home maintenance capacity from the date of the fight and the assault to the present and will continue to suffer a loss or diminishment of the plaintiff’s home maintenance capacity in the future."

The daughter is arguing for general damages, special damages, and aggravated and exemplary or punitive damages.

School District 83 said as the matter was in front of the courts it wouldn't be commenting. The school district hasn't filed a statement of defence.

READ MORE: Kelowna man suing school district over high school football injury

None of the allegations have been proven in court.


To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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