Bob Mackin
News Reporter

A woman who fell
from the second floor
of Park Royal Golf
Centre’s driving range
lost her damage claim
in B.C. Supreme Court.

Denise Felix was secking
compensation for back
injuries she suflered after
falling, 12-13 feet on Sept.
28, 1996.

She mis-hit a ball which
landed on an awning and
tried to retrieve it with her
golf club.

She testitied that she bent
over on the third atrempt and
fell onto the awning and Jand-
ed on her back on the ground
below.

The ball was within a toot
of the platform’s edge, but
Felix didn't want to get on her
hands and knees to reach it
because of the clothes she was
wearing.

The awning, said Justice

F.A. Melvin in his July 7 oral
decision, was not designed as
a safety device nor was it a
structure capable of holding a
person's weight.

He ruled in favour of the
defendants, = Park Royal
Shopping Centre Holdings
and 690723 Ontario, a com-
pany doing business as Maple
Leaf Properry Management.

Felix and hee husband
went there to practise.

They had taken four
lessons at the facility that sum-
mer.

Dundarave gets pub survey

By Miche! Comte
Contributing Writer

ALL residents within a
four-block radius of
2427 Marine Dr. will
have a say about
whether to allow the
Dundarave Cafe to
become a neighbour-
hood. pub, West
Vancouver Council
decreed Tuesday.

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Going against staff recom-
mendations, council decided
that a written survey sent to all
residents living within 800
metres (2,600 ft) of the cafe is
the best way to measure public
opinion on the rezoning issue.

In July, council asked cafe
owner John Wiechold to pre-
sent them with a plan to survey
neighbours of the restaurant to

auge public support for a
Seighbourhood pub,

Wiechold returned with a

proposal from Mark Trend

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Research fora telephone survey
of 400 residents.

The $5,300 poll would
have been accurate within: plus
or minus 5%, but that was not
enough to impress West
Vancouver councillors.

Results from the written
survey will be divided into nwo
categories: responses from peo-
ple living within half'a block of
the cate (those expected to be
most affected by the rezoning)
and responses from all others
up to four blocks away.

Selected styles

Felix argued she should
have been notified of any
potential danger and that the
premises were unsafe.

The judge said he was sat-
isticd the premises were in
appropriate condition and
that Felix was aware of the
risk.

Ifone proceeds to the edge
ofa platform without any ver-
tical restraint barrier and falls,
the consequences are obvious,
Melvin said.

“The nature of the activity
precluded any vertical barrier

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Sunday, September 19, 1999 — North Shore News - 13

Woman swings and misses in golf lawsuit

ac the edge of the structure,”
he said.

“The plaintiff was aware of
the edge. She knew of the
danger of falling.”

Melvin said

both the

[Carpenter ANTS & INSE:

injuries and case were unfor-
tunate, but “in my view, it is 2
consequence of her actions,
and under the circumstances,
one cannot impose liability on
the defendants.”

B SIGHS OF CARPENTER ANT INFESTATION... Ps

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valid this Sept. 30/99

Crganic treatment sine 1935

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