Bumpy tube ride leads to lawsuit

Kamloops mother suing Sun Peaks Resort Corporation after bumpier-than-expected tube ride

By Tim Petruk

Kamloops This Week

A Kamloops mother is suing Sun Peaks Resort Corporation after a bumpier-than-expected family tube ride two years ago left her with a broken leg.

According to documents filed last week in B.C. Supreme Court in Kamloops, Pamela Boileau visited the mountain resort with her husband and their two young children on Jan. 18, 2013.

Boileau claims there were no signs posted restricting the age of children who are allowed to use the Sun Peaks tube park when she embarked on a tube ride with her husband and their baby.

“The ride was very fast and bumpy and the tubes went high on the berm and then hit a big bump and the plaintiff’s [Boileau’s] infant daughter went flying out of her tube,” the documents read.

“The plaintiff tried to stop her tube to help her child and sustained serious injuries to her lower left leg, including fractures of her tibia plateau, tibia and fibula.”

Boileau claims Sun Peaks was negligent by allowing young children to use the tube park.

The documents also allege signs were posted the following day prohibiting children under four from riding in a tube.

No dollar amount is set out, but Boileau states she is seeking general damages, special damages and interest, as well as money for past and future health-care costs.

In addition to Sun Peaks Resort Corporation, four people — two John Does and two Jane Does — are also named on Boileau’s notice of claim. They are the employees who were working at the tube park the day of her injury.

Sun Peaks has three weeks to file a response once it has been served. None of the allegations in the notice of claim have been proven in court.