Snowplow accident leads to power surge, small claims decision

Tribunal rules Shuswap resident not entitled to additional compensation

A collision involving a city snowplow and a power pole led to a Small Claims decision in January in favour of the city.

Documents from a civil resolution tribunal state that a City of Salmon Arm snowplow hit a power pole outside the home of resident Holly Kailles, which caused a power surge in her house, damaging several appliances. The accident occurred Jan. 21, 2016.

She received payment for some items from her insurance provider, The Wawanesa Mutual Insurance Company, but requested additional funds from the city totalling $2,416.

They included: $800 for increased home insurance premiums over the past two years, $650 for the loss of her claims-free home insurance discount; $66.16 for out-of-pocket expenses not reimbursed by her home insurance; $500 for replacement of her clothes washing machine and $400 for inconvenience.

Read more: Heavy snowfall depletes city budget

Because the snowplow was insured by ICBC, an ICBC employee represented the city, while Kailles represented herself.

The tribunal decided two issues: whether the city owes the applicant money arising from the snowplow incident and, if it does, is Wawanesa liable to pay those damages.

Read more: Residents raise concerns about sidewalk snow removal

In reviewing the evidence, the tribunal noted that Wawanesa reimbursed the applicant for appliance inspection fees and replacement or repairs to her dryer, range, microwave, stove, music keyboard and electronic dog fence. She was also reimbursed for some food and gasoline because the power surge damaged her stove and microwave. The total payout was $2,043.78.

The tribunal decided in favour of the city on Jan. 3 of this year, and Kailles was ordered to pay the city $125.

“The City seeks reimbursement of $125 it spent to file the third party claim against Wawanesa,” states a tribunal document.

In its reasons, the tribunal ruled that because the applicant signed a ‘Proof of Loss’ with Wawanesa, she transferred her claim rights to the company. Wawanesa then reached an agreement with ICBC and, as part of that settlement, Wawanesa signed a form releasing ICBC from further claims regarding the incident.


@SalmonArm
marthawickett@saobserver.net

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Pilot project aims to boost entrepreneurial women in the Okanagan

W Venture, a collaborative project, is open for applications until the end of July

Cyclist struck by vehicle in West Kelowna

The cyclist was transported to hospital by ambulance

Police searching for missing Lake Country man

David Anthony Jenken, 65, was reported missing Friday and was last seen on June 28

‘Justice for Mona’ protests planned in Kelowna, Lower Mainland

Security camera footage shows Mona Wang being dragged, stepped on during RCMP wellness check

VIDEO: Musqueam Chief captures captivating footage of bald eagle catching meal

‘This is why we have chosen to live here since time immemorial,’ Chief Wayne Sparrow’s nephew says

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Shuswap resident spots waterspout near Salmon Arm

The rare weather event was spotted early in the morning on July 4.

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

Seymour Arm landslide interrupts drinking water to 500 people

The July 3 slide damaged a water system and a logging road.

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read