A Smithers woman has been awarded almost a million dollars after tripping in a pothole in front of a convenience store in Smithers more than six years ago.
On May 2, 2018, Crystal Tommy was on her way to work and stopped for a morning coffee at 7-Eleven. As she exited the premises, she tripped on a pothole in the 7-Eleven parking lot and broke her ankle in three places.
She suffered an ankle fracture involving a distal fibula fracture, lateral talar dome osteochondral injury, and an anterior distal tibia small bony fragment fracture. Tommy suffered a number of complications since then and brought forward a claim of negligence for damages.
She missed several months from work while using crutches and a wheelchair.
She said she continues to experience persistent pain, stiffness and swelling in her left ankle, hips and lower back as well as difficulties with her mental health and sleep.
Following the injury, the plaintiff said she gained a substantial amount of weight creating further complications.
At the time, she was working at Woodmere Nursery. She missed several months from work but ultimately returned to work at the nursery late in 2018 because, she said, she had no income. Her ankle continued to swell at work. Tommy had to use a makeshift stool to sit down for her work, when previously she would stand all day for her tasks.
After more complications from the initial injury plus two more related injuries, she stopped working in 2022 while she struggled with her health issues.
Her mental health had deteriorated and she is presently suffering from poverty, she claimed in her suit.
Tommy’s co-workers, who witnessed the incident, took photos of the pothole and returned later in the day and noted it had been filled in.
7-Eleven denied liability for the injuries.
B.C. Supreme Court Justice Emily Burke sided with the plaintiff granting Tommy damages of $907,363 for past and future loss of wages, housekeeping, non-pecuniary damages, special damages and future cost of care.
“It is further reasonable to conclude that Ms. Tommy, given her age, education, mental health, and physical limitations, is limited in her capacity to compete for non-physically demanding employment in North West British Columbia. The plaintiff argues that Ms. Tommy will likely need to retire by the age 50 and will lose out on 20 years of income,” said Burke in her ruling released last week.
