2nd family sues city, Festival du Voyageur over child's injuries in Fort Gibraltar walkway collapse
Boy, now 11, suffered nerve injury, lost the use of his left arm and hand, suit alleges
A second pair of parents of a child who fell from an elevated walkway that collapsed during a school field trip last year are now suing the City of Winnipeg and the Festival du Voyageur, saying their son may never fully recover from his severe injuries.
The parents say their 11-year-old son fractured his left arm after falling about six metres at Fort Gibraltar in Winnipeg's St. Boniface area, according to the statement of claim filed at the Manitoba Court of King's Bench on Thursday.
The fall happened when a walkway at the replica wooden fort collapsed during a visit by a school group in May, sending 17 children and one adult to hospital.
Less than a month after the collapse, the 11-year-old boy began to suffer decreased mobility in his left hand fingers, which migrated down his whole hand, wrist and arm, the suit says. He was later diagnosed with a nerve injury.
The boy has "effectively lost the use of his left arm and hand" and has not fully recovered, the suit says. It is unknown whether the boy's nerve injury will improve or if he will need surgery.
The parents seek aggravated and/or punitive damages, accusing the city and Festival du Voyageur of "reckless and wilful disregard" for the safety of Fort Gibraltar's visitors by failing to properly inspect and maintain the walkway's "hazardous" state or warn the public about it.
The parents also say their son continues to suffer from headaches and psychological trauma from the fall, which have affected his personality and behaviour, causing him to "become withdrawn" and warrants mental distress damages.
The accusations have not been proven in court and no statements of defence have yet been filed. A city spokesperson told Radio-Canada that it had no comment on the matter Monday.
Another lawsuit was filed against the city and the festival in August by the family of one injured boy, alleging their son was left at risk of being permanently disabled due to the collapse.
Both parties filed their own statements of defence against that suit in November, denying the parents' accusations of negligence.
At the time, officials said none of the injuries sustained in the collapse were severe or life-threatening. One injured boy had to stay in hospital to get orthopedic surgery for a fracture.
WATCH | Collapsed walkway shown in drone footage:
Fort Gibraltar, a 1978 replica of two earlier forts of the same name, is now owned by the city but managed by Festival du Voyageur.
The last time the walkway was inspected before the collapse was in 2006, and the last time it had been repaired was in 2004, a city spokesperson previously said.
An engineering assessment found several issues with the walkway, including a rotted support beam and possible damage from carpenter ants, according to documents obtained by Radio-Canada through a freedom of information request in October.
The province gave the Festival du Voyageur a one-time $50,000 grant in November for structural work at the historic site, the primary location for the annual celebration of francophone culture, to ensure the 2024 winter festival could go ahead safely.
The structural work at Fort Gibraltar will continue after this year's festival, the province said at the time.
Festival du Voyageur is set to run from Feb. 16 to 25.
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