A Vancouver island woman has lost her bid to receive compensation from the Nanaimo Parks and Recreation Department, after hurting her leg at a Nanaimo area roller rink.
Carmela Amerato (formerly Roper) of Nanaimo claimed she was injured after she skated over some Skittles candy at the city-run Beban Park Arena in June 2004. Her case was disallowed in court after a BC Supreme Court judge ruled that there was no negligence involved by the staff of the city run rink.
The cracking point in her case may have come when she explained in court that she had seen young children eating skittles in the rink area, but had not taken her concerns to rink staff at the time.
Judge S. James Shabbits ruled that he believed the city workers that there were no hazards left on the rink, and that Amerato's fall was not the result of any negligence on their part. \
He went on to say that if Amerato did see a boy spilling Skittles and didn't report it, she herself was negligent for exposing herself to the danger.
During the course ofCity staff had testified that they had a strict no snacks policy on the roller rink and were quite empahtic in their enforcement of the edict. The rink thus was a skittle free zone and the tumble of Ms. Amerato was purely the act of poor skating style over a rogue skittle acting with evil intent.
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