A B.C. woman, Crystal Tommy, successfully sued 7-Eleven after a severe ankle injury she sustained in the store’s parking lot. Tommy’s accident occurred in 2018 when she tripped over a pothole, breaking her ankle in three places.
The injury led to multiple health issues and impacted her ability to work. The B.C. Supreme Court ordered 7-Eleven to pay Tommy $907,000 in damages, citing the company’s failure to maintain safe premises.
The Incident in 2018
In early 2018, Crystal Tommy visited a 7-Eleven in Smithers, B.C., where she tripped over a pothole in the parking lot. The fall caused her to break her ankle in three places, leading to immediate medical intervention. The incident marked the beginning of a long struggle with health complications. Her injuries were directly linked to the lack of maintenance in the store’s parking lot.
Initial Medical Treatment
After the accident, Tommy was rushed to the hospital for treatment of her broken ankle. She received a cast and later used an air boot to help her recovery. Despite weeks of medical care, she continued to experience severe pain and swelling. Her slow recovery impacted her ability to return to her previous physical activities.
Tommy’s Employment Before the Injury
Before her injury, Tommy led an active lifestyle, working at a physically demanding plant nursery. Her job required heavy lifting and organizing seedling trees for reforestation. She enjoyed the active nature of her work, which involved frequent physical movement. The injury forced her to take a long break from this job.
Long-term Health Impact
Tommy’s ankle injury caused persistent mobility issues and long-term health complications. She struggled with chronic pain and was unable to return to her previous level of activity. The physical limitations significantly affected her lifestyle, leading to further injuries and mental health challenges. Her recovery remained slow, even after receiving medical treatment.
Additional Accidents Following the Injury
Months after the ankle injury, Tommy experienced a second fall on Christmas Day 2018. She slipped down the stairs at her mother’s home, aggravating her condition. Her earlier injury and fresh snow made walking difficult, and her hips became painful. This second fall added to her physical and emotional struggles.
2021 Car Accident
In 2021, Tommy was involved in a car accident after her vehicle skidded on black ice. The crash resulted in additional injuries, including a hernia that required surgery. The accident further complicated her recovery from the initial ankle injury. Her health continued to deteriorate due to the compounded effects of these incidents.
Impact on Tommy’s Mental Health
Tommy’s ongoing health challenges took a toll on her mental well-being. By 2022, she had stopped working and lost social connections that her job provided. The combination of physical pain and isolation worsened her emotional state. The court acknowledged the psychological impact of her prolonged recovery.
Court’s Ruling Against 7-Eleven
The B.C. Supreme Court found 7-Eleven liable for Tommy’s injuries and subsequent health issues. The court ruled that the store had failed to maintain a safe parking lot. The pothole, which caused her to trip, was deemed a safety hazard. 7-Eleven was ordered to pay Tommy $907,000 in damages.
Breakdown of Damages Awarded
Tommy received $907,000 in damages for the injuries she sustained. This included $494,000 for future loss of income due to her inability to work. She was also awarded $175,000 for pain and suffering, as well as compensation for future and past housekeeping services. The ruling reflected the long-term impact of her injuries on her life.
7-Eleven’s Defense
7-Eleven denied responsibility for the incident and argued that the parking lot was reasonably safe. The company claimed that the pothole was not deep enough to pose a hazard. Additionally, they maintained that Tommy did not provide sufficient evidence linking her injuries to their property. Despite their defense, the court ruled in Tommy’s favor.
The Judge’s Criticism of 7-Eleven
The judge criticized 7-Eleven for failing to provide adequate evidence of a maintenance system for its parking lots. The company’s inspection procedures were found to be insufficient. The court noted that 7-Eleven could not demonstrate regular inspections or repairs of the parking lot. This lack of oversight contributed to the liability ruling.
Employee Training at 7-Eleven
7-Eleven claimed to have an employee training program to prevent accidents, including modules on slips, trips, and falls. However, the court found that the training lacked enforcement and follow-up. Employees were not held accountable for failing to complete the safety courses. This contributed to the store’s failure to maintain safe premises.
Tommy’s Future Medical Needs
Due to her injuries, Tommy faces ongoing medical challenges and is expected to heal by 2026. She underwent surgeries for a hernia and an ovarian cyst, both of which were complicated by her earlier immobility. The court factored in these future medical needs when awarding damages. Her recovery timeline extends several years into the future.
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