Vehicles heading to the Greater Vernon landfill must navigate around numerous potholes on Birnie Road. (Richard Rolke/Morning Star)

Penticton cyclist takes city to court over injuries

The man claims a depression in the road caused a crash, resulting in rib and facial fractures

  • Jan. 23, 2018 12:00 a.m.

The City of Penticton is facing legal action from a man who claims a “depression” in the 700 block of Creekside Road caused him to fall, resulting in numerous injuries.

Among the injuries claimed by David John Tambellini are brain injury, loss of consciousness, facial fractures and scarring and fractured ribs from the incident on July 24 last year.

Tambellini claimed he was cycling along Creekside Road when he hit the depression in the road and lost control. He claimed the incident was caused by negligence on the city’s part to take reasonable care to ensure the safety of the road and exposed Tambellini to risk of injury on the road, “which the defendant knew or ought to have known about.”

“As a result of the injuries, the plaintiff has undergone and continues to undergo medical care, has suffered and continues to suffer pain and discomfort and emotional upset and has suffered and continues to suffer loss of enjoyment of life,” Tambellini’s lawsuit claims.

The lawsuit is also claiming a loss of income-earning and housekeeping capacity as a result of the incident, and that required extra work from his spouse and other family members.

The lawsuit does not state an amount claimed, but is seeking general damages for pain and suffering, for past and future lost income, and cost of care, among others.

As it is a B.C. Supreme Court filing, the claim must be for greater than $35,000.

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