Pamela Boileau said in court documents that she visited the mountain resort with her husband and their two young kids on Jan. 18, 2013.
Boileau claims no signs were posted restricting the age of children allowed to use the tube park when she embarked on a 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 infant daughter went flying out of her tube,” said the documents filed in B.C. Supreme Court this week.
“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 listed, but Boileau 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 Corp., four employees — two John Does and two Jane Does — are named in Boileau's notice of claim.
None of the allegations have been proven in court.
Sun Peaks has three weeks to file a response after it has been served. (Kamloops This Week)
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