A Smithers B.C. woman has been awarded close to $1 million by the B.C. Supreme Court after a slip and fall in the parking lot of a 7-Eleven convenience store, shattering her ankle and resulting in years of chronic health issues.
Crystal Tommy brought the suit against 7-Eleven Canada and ABC Property Management Inc., claiming that they were negligent in their duty to maintain a reasonably safe premises.
Tommy testified that she had stopped for a morning coffee at the 7-Eleven store in Smithers on May 2, 2018, when she tripped on the pothole while exiting the store and broke her ankle in three places.
Tommy went from working a physical demanding job at a tree nursery to being confined to a wheelchair and using crutches while experiencing chronic pain, rendering her largely immobile.
Ongoing Health Issues From Slip and Fall
Tommy returned to work more than six months later despite chronic pain and swelling in her ankle due to her worsening financial situation, she told the court. Tommy, who was still walking with a limp as a result of her injury, slipped on fresh snow and fell down a flight of stairs while leaving her mother’s home after Christmas dinner, resulting in injuries to her back.
Due to her lack of mobility, Tommy said she had gained close to 100 pounds since injuring her ankle. In 2021, Tommy was in a car accident in which her stomach was injured resulting in hernia surgery. These subsequent injuries were a direct result of the initial ankle injury suffered at the 7-Eleven, Tommy argued, and sought compensation for lost wages and future damages as a result.
Prior to her injuries, Tommy was physically active and loved the outdoors. Numerous witnesses detailed Tommy’s change from a happy person to one who is sad and depressed. Her sister stated she now seems to just shut herself in her room in her father’s house, and references her pain or makes excuses to not go out when she is invited.
7-Eleven Denies Liability
7-Eleven Canada denied liability for Tommy’s injuries, maintaining that Tommy didn’t establish the injuries weren’t caused by the convenience store company.
Lawyers for the company first argued the vehicle Tommy was riding in was parked over the pothole, so she couldn’t have tripped on in it. However, B.C. Supreme Court Justice Emily Burke found that was not the case. 7-Eleven then argued the pothole wasn’t deep and that the property “was reasonably safe for use.”
However, Burke noted that Tommy’s evidence and testimony that she had tripped on the pothole and injured her ankle as a result was clear.
7-Eleven claimed to have a safety inspection and maintenance system in place for its properties which fulfilled their legal obligation to maintain the property. However, the court heard that this consisted of an online safety course for employees and a five-question questionnaire. However, the course was found to not be mandatory with no consequences for employees who did not complete the course.
Burke ultimately awarded Tommy $494,000 for future loss of income, $175,000 for pain and suffering, $171,863 for future loss of housekeeping, $39,000 for past housekeeping, $10,000 for past lost income, among other damages.
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