Skogie’s Express Tunnel Wash on Anderson Way in Vernon. (Submitted photo)

Skogie’s Express Tunnel Wash on Anderson Way in Vernon. (Submitted photo)

Lawsuit dismissed after vehicle damaged while inside Okanagan car wash

Civil Resolution Tribunal dismisses driver’s claim following a collision inside Skogie’s car wash in Vernon

A driver at a Vernon car wash will have to swallow the vehicle damages he incurred there, after the B.C. Civil Resolution Tribunal dismissed his lawsuit due to a lack of evidence.

Jason Meeds filed the small court claim against ICBC and Skogies Enterprises, which operates the automatic car wash on Anderson Way. The car wash operates in a drive-thru fashion; vehicles drive into the car wash, hooking their left-side wheels into a track of two low, metal railings. Once inside the tunnel, the car is to be put in neutral while the track pulls the vehicle past cleaning equipment until it reaches the far (west) side.

A sign at the entrance warns: “Enter At Your Own Risk.”

In his application, Meeds said he was in the car wash when the driver in the car ahead of him — respondent June Fergusen — hit the brakes while in the automated portion of the car wash. The system then malfunctioned and Meeds’ vehicle was pushed into Ferguson’s, causing just over $2,000 in damage to his vehicle. Only Ferguson’s vehicle was insured by ICBC.

The tribunal dismissed the lawsuit seeking restitution for the damages to his vehicle.

The tribunal found all parties in agreement that Meeds’ vehicle struck something while in the automatic portion of the car wash, but exactly what took place is uncertain.

In the decision, Meeds admitted he couldn’t see the incident clearly at the point of contact through his soapy windshield. Ferguson told ICBC that “everything stopped” partway through the car wash, followed by three “bangs” from the rear of her vehicle, after which the track’s motion resumed.

Ferguson’s husband, who in the passenger seat, couldn’t get out to investigate because a brush was blocking the passenger door, but said it was in fact a large roller that made contact with Meeds’ vehicle, and no contact was made directly between the two vehicles. Her husband also said he found roller material on her trailer hitch

Ultimately, tribunal member Chad McCarthy found Meeds “has not met his burden of proving that Ms. Ferguson applied her brakes in the car wash, or otherwise stopped her vehicle’s forward progress, causing the alleged collision.”

ICBC and Ferguson argued that the onus was on Skogies, since the car wash malfunction led to the damage.

Despite not submitting a response to the dispute, Skogies had submitted witness statements and photos of the incident to ICBC. The tribunal found there was enough evidence to account for Skogies’ position in the matter.

READ MORE: Legal battle over Princeton’s iconic caboose reaches the end of the line

READ MORE: Summerland retaining wall dispute reaches Civil Resolution Tribunal


Brendan Shykora
Reporter, Vernon Morning Star
Email me at Brendan.Shykora@vernonmorningstar.com
Follow us: Facebook | Twitter

lawsuit

Just Posted

A young Sicamous Canada Day parade-goer is awed by a colourful float filled with beloved Disney characters during the July 1, 2020 community event. (File photo)
Editorial: Now is the time for Sicamous to shine

Shuswap community might be just what people who work from home are looking for

Greyhound Canada announced May 13 it was closing operations permanently after more than a century of operation. (Black Press file photo)
COLUMN: Goodbye to a never forgotten friend

Greyhound bus trips played a big role in columnist’s life

The BC Conservation Officer Service (COS) handed out fines to two anglers on Shuswap Lake who were both casting more than one line, in violation of provincial regulations, Saturday, May 15, 2021. (COS photo)
Conservation officers snag Shuswap anglers for unlawful fishing

Two anglers were given $150 fines for casting two lines at once, against provincial regulations

The future of the Okanagan Lake watershed land use will be subject of a new study supported by a $300,000 grant from the Vancouver Foundation. (Contributed)
Grant to help develop Okanagan Lake protection strategy

Study receives $300,000 grant from the Vancouver Foundation.

As they carry out a FireSmart assessment in Salmon Arm, firefighters Carmen Guidos and Steve St. Denis show one of the easy-to-rectify fire hazards that can exist for unsuspecting residents. (Martha Wickett-Salmon Arm Observer)
Column: Lessons on welcoming a wildfire into your home

The View From Here by Martha Wickett

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

A man and woman, both 33 and from Kelowna, were arrested on Postill Lake Forest Service Road in possession of two stolen vehicles Friday, May 14, 2021. (File photo)
Kelowna duo arrested with stolen vehicles after ‘brief’ bicycle getaway attempt

A man and a woman were arrested on a forest service road on numerous pending charges

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

Lynda Saundry, born 1961, is charged with the murder of North Okanagan resident Barry Jones in July 2020. Saundry will appear in Vernon court May 17, 2021, to fix a date for a preliminary inquiry. (Facebook public photo)
North Okanagan murder suspect to be tried by judge and jury

Lynda Saundry is charged with the first-degree murder of Barry Jones in July 2020

Vernon Search and Rescue’s Legacy vessel is returning to Okanagan Lake for boating season, the society said Friday, May 14, 2021. (VSAR photo)
Vernon Search and Rescue vessel returns to Okanagan Lake

VSAR’s Legacy is back with a fresh coat of paint and some other upgrades

People shop in Chinatown in Vancouver on Friday, February 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Vancouver community leaders call for action following 717% rise in anti-Asian hate crimes

‘The alarming rise of anti-Asian hate in Canada and south of the border shows Asians have not been fully accepted in North America,’ says Carol Lee

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Most Read