Lawsuit filed over broken leg in gym class

Abbotsford man has filed a 'notice of civil claim' for injuries sustained while long jumping.

An Abbotsford man has launched a civil suit against the board of education, the school district, two teachers and an administrator over an injury he suffered while in a gym class six years ago.

Court documents allege that Brett Francois Desjarlais, now 21, has endured ongoing pain and suffering since breaking his left leg at Yale Secondary when he was almost 15 years old.

The notice of civil claims states that Desjarlais, now a labourer, was learning the sport of long jumping on May 29, 2006, when he fell and sustained the injury in a class being instructed by Rod White.

Another teacher, W. Franke Roffel, then administered first aid, but an ambulance was not called, according to the documents.

As a consequence of the injury, Desjarlais has endured “pain, suffering, inconvenience, sleep disturbance, loss of enjoyment of life and several of his recreational pleasures,” they add.

The documents state that he has also suffered a loss of income.

Desjarlais is seeking special and general damages from the defendants – also including administrator Glen Roger (now retired) – whom he says were negligent in their duties.

He alleges that they breached their duties by failing to: properly instruct him about the danger of long jumping, properly supervise him during the activity, properly diagnose the seriousness of his injury, and call emergency medical services to attend.

Further, Desjarlais says he was moved from the scene of the accident when he should not have been moved, or was moved without the proper care.

The board of education and the school district are included in the lawsuit because they are liable for the negligence of their employees, the documents state.

The notice of civil claim was filed last Friday in B.C. Supreme Court in Chilliwack.

The allegations in the claim have not yet been proved in court, and the defendants have not yet issued a response.

 

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