Falling tree branch lands in B.C. Supreme Court

A pair of women who were allegedly struck and injured by a falling tree limb at Kitsilano Beach are now suing Vancouver's parkboard.

InB.C. Supreme Court notice of civil claims, DarcieDiane Wheeler and Shelby Johnstonesay a branch which Wheeler described as "enormous" and Johnstone claims was "large"landed on them on July 8, 2014 while they werewalking on Cornwall Street.

"(Wheeler)was struck and briefly trapped by the limb, which had fallen on her and Shelby Johnstone," Wheeler's claim alleges.

Annual inspection

Both women are now suing the city and the parkboard for negligence relating to damages which allegedly included concussion andinjury to their ribs, back and legs.

They also claimto havepost-traumatic stress disorder.

The lawsuits comeon the heels of a tragic incident this springin which cityarboristJody Taylor was killed while trimming a branch on a catalpa tree in Connaught Park.

The 43-year-old was in an elevated, boom-mounted bucket pruning the tree when a large diameter limb apparently crushed him against the inside of the bucket.

Wheeler lives in Victoria and Johnstone lives on Salt Spring Island.

Wheeler claims the city and parkboard "had a duty to ensure that the area was at all times safe for use by members of the public."

She claims they failed to inspect the tree to make sure it was not dangerous or to put up signs or barriers warning that the tree limb was at risk of falling.

The parkboard declined to comment on the allegations while they're before the court.

The board is responsible for the maintenance of the city's 140,000-plus street trees.

According to a statement from the parkboard, a designated urban forest team attempts to inspect every street tree once a year for safety and pest issues.