- Date: November 27, 1999
- Victim’s Age: N/A
- Victim’s Sex: Female
- Occupation: N/A
- Place: Ottawa, Ontario
- Circumstances:
- Injuries sustained: suffered neurological damage
- Compensation: $498,132
The Slip and Fall accident
On November 27th, 1999, a woman was in Home Depot when she was struck in the back of the head by a box that contained a sink. She suffered an injury to her spine that caused disc ruptures and received a concussion. She now has chronic pain in her neck and shoulder and suffers from headaches and suffered neurological damage.
Victim injuries from a Slip and Fall
The woman was looking at toilet displays when an employee was pulling a box containing a pedestal sink off a shelf. Suddenly, she felt a blow to the back of her neck and shoulder causing her to see stars. She felt immediate pain in her neck, shoulder, and head. Immediately after she attended a medical clinic and the doctor noted that she was tender in her upper spine and left shoulder.
She saw her family doctor in December of 1999 as she was still in a lot of pain. He sent her for an x-ray, and it showed a straitening in her spine where there should have been a curvature. He sent her to physiotherapy. She attended multiple sessions and her physiotherapist determined she developed shoulder tendonitis due to the restriction of her spine. The woman went and saw many specialists, but her pain and headaches were not going away. She has pain in the shoulder and neck and lacks the ability to move in those areas. She also has continual headaches that affect her ability to work.
In December of 2002, she saw her family doctor again since she continued to feel serious pain and was experiencing tingling and cold sensations in her arm, leg, and the left side of her body. He sent her for an MRI and it showed a compression in her spine explaining the tingling sensations. She was recommended to have a decompression procedure on her cervical spine. The surgery was to prevent further neurological deterioration but would most likely not fix her existing issues. She did the surgery and recovered well but continues to have numbness tingling and headaches. The severity of her injuries impacted her ability to work. She is on long-term disability getting 70% of her salary.
Compensation for victim
Home Depot was found fully liable for her injuries. She was awarded $75,000 in general damages, $400,000 in loss of competitive advantage and $23,132.25 in special damages. Her husband and 3 children were awarded $20,000 under the Family Law Act.