Paralyzed N.S. snowboarder can sue: court

A rail within the Ski Wentworth terrain park in 2010. Ski Wentworth/Facebook

HALIFAX – The Nova Scotia Court of Appeal has ruled a young snowboarder paralyzed in 2008 after a fall at Ski Wentworth has the right to sue the hill’s operator and the snowboard manufacturer.

In a majority decision released Wednesday, the court ruled against snowboard maker Burton Canada Co. in the matter involving Michael Coady, who was 16 years old at the time of his crash at the ski area.

He was paralyzed when he tumbled in Wentworth’s terrain park and broke his neck, according to the Appeal Court’s judgment.

Other allegations against the ski area and snowboard manufacturer include each defendant failing to warn Coady about potential dangers respecting the use of the board and terrain park.

Coady decided to sue Burton and Wentworth, alleging negligence causing his paralysis, and his lawyer launched a legal action in October 2008.

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In a 37-page ruling filed last summer, a Nova Scotia Supreme Court judge preserved Coady’s right to a trial.

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