The plaintiffs claimed for injuries allegedly suffered by the
plaintiff Lindsey Rollins at an alleged schoolyard incident 19
years in the past, on May 15, 1990. At the time, Lindsey Rollins
was six years old and in Grade 1 at St. Agnes Catholic School.
The plaintiffs alleged that while Lindsey and a friend (Amy
Lozon) were playing in the schoolyard at noon recess, an
"older boy" standing behind Lindsey swung a pair of
roller blade skates over his head and suddenly let go of them so
that they struck her on the left side of her head. They alleged
that although Lindsey remained at school for the rest of the day,
her parents noticed that there was something wrong with her that
evening. Lindsey's mother and coplaintiff gave evidence that
Lindsey had been warm and feverish that evening and acted
withdrawn. She also claimed that Lindsey's left eye began to
twitch and that she complained of pain behind that eye. The next
day, Lindsey was taken to her maternal grandmother's