By Michael Becker News Editor michacl@nsnews.com A Vancouver woman who slipped and fell on a piece of lettuce while shop- ping in a grocery store was recently assessed damages for her pain. Mary PL Atkins rook Jim Pattison Industries Ltd. (Save-On Foods And Drugs) to task for the misplaced produce cefuse in B-C. Supreme Court Judge RD. Wilson cuted on the case June Ht. According to the court document Atkins, then 48, was walking in a North Vancouver Save-On on Dee. 1, 1993, when she stepped on a picee of wet lettuce approximately 17 to 14" in diameter. She slipped, fost her balance and fell to the floor. The offending piece of lettuce was on the floor, situated at the intersection of the produce and bulk foods sections of the store. Atkins sued Save-Ou claiming the store failed its duty of care. The assistant manager of the grocery store at the time testified that he was working on the day of the misadventure. He said that the procedures in place at the store called for the “dry mopping” of each department area, every hour, Dry mops were located in cach department. In addition constant monitoring of the floor areas was required of department managers, assis- second quake in 11 days By lan Noble News Reporter Jan@nsnews.com IT seems ‘Tuesday morn- ing’s rush-hour shaker has stripped away some complacency on the North Shore. North Shore Insurance insur- ance broker Mark Gagnon said a few people bumped up their cov- erage to include carthquakes Tuesday after the second carth- quake in 1] days moved North and West Vancouver. “We're anticipating a lot more,” said Gagnon. “People felt it more this time.” That's not surprising. According to seismologist Garry Rogers, the 7:40 a.m. earthquake Tuesday was 10 times stronger than the one on June 13. Tuesday’s quake measured 4.5 ; on the Richter scale compared 2. with 3.4 on June 13. Q Still, no damage was reported Tuesday, said Rogers. “This is still well below the damage threshold,” said Rogers. “You have to have 10 times again before you start getting into damage, up to about 5.5.” Both of the earthquakes were centred in the Strait of Georgia about half way berween Nanaimo and Vancouver. At 7:23 a.m. Tuesday, a quake measuring 4.4 on the Richter scale shook Washington state and the Okanagan. On Monday, a quake measuring 4.9 rated the Puget Sound area. Rogers said that although it doesn’t make much difference where you are during a quake in the Lower Mainland, landslides on the North Shore’s mountain- ous terrain can be triggered or accelerated by an earthquake. During an average year, seis- mologists record and locate approximately 300 quakes a year within 200 kilometres (124 miles) of the North Shore, said Rogers. However, cach year, only three or four of them will actual- ly be felt by local residents. Scaman. Broughton’s truck was found abandoned at Lynn Canyon Park a day after he was last scen. tant department managers and employees. The assistuat manager couldn't sav when the deli pro duce area had fast been inspected, or swept prior to Atkins’ arrival. The judge found Save-On’s system to keep its floors clear as “reasonable.” Burt he found no evidence to show either that Save On had failed to comply with, or on the flip side. had adhered to its safety procedure. He said the onus was on Atkins to prove the store breached its duty of care. Without the proof he dismissed Atkins’ action. But wrote Wilson, “In the event: thar] am wroag on my determination of the Liability issuc, Twill set out ay opinion on the issue of dam- ages.” When Atkins fell she was working as a Heensed practical nurse at St. Paul's hospital in Vancouver. The job was described as a physically demanding position, She was aiso “the meticulous homemak- er of a large, two-storey home, in) North Vancouver, for her family of four persons.” Atkins was described as an extrovert “with a full social and recreational calendar.” She had fallen to her left knee and then on to her owo hands. The judge heard that Atkins felt immediate pain in her kace and reported the fall to a store employee. The pain got worse and she drove herself to the emergency department: at Lions Gate Hospital. She tried to go back to work on Pec. 1S but was unable to complete a shiit, Atkins said her MICHAEL Broughton ... drowned in Lynn Creek. Wednesday. June 25, 1997 — North Shore News ~ 3 Lettuce leaf fali lands damages | Faulty condition detenorated. By the spring of 1994 she felt generalized pain throughout ber entire body, 2 condition thar did not improve to February cartier this yea: during the tine of the tral. In 1996, Atkins consulted a) specialist in rheumatology and metabolic bone ctisease. The doctor found the 5°37) 212 pound (95) kp) woman with a blood pressure at 140/90 as suf- fering what could &... best be characterized as chronic pain syndrome.” To the doctor's opinion the grocery store fall was “likely... a triggering factor in her developing her chronic pain syndrome.” Bur the judge did not find Atkins to be a cred- ible witness. “found her movements and protestations of pain, while testifying, to be theatrical,” he noted. Atkins insisted that she was in) “excelient™ health, before her fall. But according to the judge, Atkins’ medical reports beginning in 1983 show a number of work-related injuries, and complaints of knee, gack and shoulder pain. Atkins testified that she had fully recovered trom her previous injuries by the time of the fall. The judge found otherwise. Said Wilson, “If these defendants are liable for injuries co Ms, Atkins, then, in my opinion, those injuries are limited to a minor injury to her left knee, and a mild soft tissue injury.” He assessed monetary damages at $20,472.50. NEWS photo Torry Peters NORTH Van RCMP Staff-Sgt Tom Haney holds an impromptu press conference Thursday outside the closed gate of the Premier Street tandtilt. A body was discovered in the nearby creek bed. dy of m found at Lynn North Van RCMP Oe found note in abandoned truck By Anna Marie D'Angelo News Reporter dangelo@nsnews.com A man taking his dog out for a walk along the edge of Lynn Creek on Thursday came across a body in some rocks near the old Premier Street Landfill. Michael Broughton, 48, was last scen on June 5 at his business, Walk- In Door and Window located on Pemberton Avenue. An autopsy determined that Broughton drowned, according to North Vancouver RCMP Const. Tom issing man Creek The North Vancouver RCMP and members of the North Shore Search and Rescue team conducted an estensive search of the area. Brougbton’s — friend = Dawn Delisle criticized police for not con- ducting more searches for the miss- ing man. Const. Seaman said — police searched all over from the point of where Broughton’s truck was found. Seaman added that Broughton left a note. The police constable said’ the note’s contents are private. Broughton had been threatening to take his life for a long time and did not get medical treatment, said his friend, Delisle. Seaman said that police counsel- lors had tried to contact Broughton several times after a previous incident in which Rroughton’s firearms were seized for safety reasons. “He was not interested,” said Seaman. Broughton lived in a floating home at Lynnwood Marina in North Vanceuver for 14 years. brakes biamed again From pane 3 reached for the driver's second arm, grabbed ir and yanked, pulling the driver free. Even though the driver was dripping in diesel from his waist down, he wasn’t on fize. “With the fire there and the smell of fuel oil, as soon as he caught fire... chat would have been it, We couldn't have made any other attempts,” said Pelletier. He and the driver stumbled 10 to 15 steps before bystanders helped the nwo away. Pelletier said the whole rescue took 20 to 30° seconds, but added, “1 wouldn't rely on that.” The ordeal started when the dump truck left Dempsey to head down Mountain Highway. Police and witnesses say a Joaded runaway truck drove down Mountain Highway’s steep grade and screamed through the busy Keith Road intersection, where the light was green. After rushing past the North Shore Winter Club, the truck driver steered his rig on to the right: sidewalk before passing m front of the ICBC claims centre, The 1977 Kenworth dump truck missed — four cars parked at the end of the cul-de-sac betore ic hit a DON Jepson concrete barri- tried to er and tree, extinguish rolled on its the truck fire. side and exploded into Names. North Varcouver RCMP Const. Al Steinhauser told media at the scene that the driver had slight head injuries and was taken to hospital, He is expected to survive. Motor vehicle inspector Jay Northcott blamed the truck's brakes in the accident. After looking over the charred wreck- age, Northcott said the truck had four brakes, none of which were adjusted properly. Ir’s the last in a deadly string of brake-related dump truck accidents that have claimed the lives of four people in the past six years on the North Shore alone. Steinhauser said it’s fortunate no one was killed in Tuesday’s crash. “It’s lucky there were no children plaving. It’s lucky that ir was just after lunch and people in the buildings in there weren’t on the road and it’s lucxy all the way around. It’s a lucky day,” he said. Steinhauser added that the province should step in and put more power behind policies such as the Motor Vehicle Act. “We can only empower our- selves to the extent that they give us. The penalty section is not adequate. As you can see they are still ar it,” he said. The truck was registered to a private individual in Vancouver but police wouldn’t release the owner's or the driver’s name. Pelletier described the truck driver as an East Indian male approximately 30 years old. Steinhauser said it’s too early in the investigation ro determine what charges could be laid.