$55,000 Non-Pecuniary Damages Assessment for Bimalleolar Ankle Fracture
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing the issues of fault and value of injuries sustained in a 2005 slip and fall accident in Vancouver, BC.
In today’s case (Druet v. Sandman Hotels, Inns & Suites Ltd.,) the Plaintiff was visiting Vancouver, BC and was staying at a hotel operated by the Defendant company. As she entered the hotel she slipped on the floor and fractured her ankle. The injury requires surgical correction.
The Court found that both parties were equally at fault for the incident. The Defendants were found at fault for having unreasonably slippery tiles in their lobby knowing how often patrons tracked water into the lobby. The Plaintiff was found partly at fault for failing to take reasonable care for her own safety. Paragraphs 14-62 are worth reviewing for the Court’s discussion of fault.
In valuing the Plaintiff’s non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) at $55,000 Mr. Justice Savage made the following findings with respect to the severity of the Plaintiff’s injury:
[11] Druet suffered a bimalleolar ankle fracture. She had open reduction surgery. The break was fixed with metal screws. The metal screws were removed by a further operation. She had ongoing complaints of stiffness and lack of range of motion. She had a lack of dorsiflexion and could not invert or evert her right hindfoot very well. In June 2008 she had scar tissue surgically debrided and a gastrocnemius recession was performed.
[12] By 2009 Druet’s condition was stabilized, but she had stiffness and arthrofibrosis of her right ankle, related to her bimalleolar ankle fracture. She is not considered at high risk for future injuries, provided she stays within reasonable restrictions.
[13] She walks with a slight limp and can no longer run as she once did, but can walk significant distances, which she does with walking partners. She has some concerns about the work she does as a nurse, but is still able to perform the work required to the satisfaction of her current employer…
[66] I have described the injuries above. As a result of those injuries the plaintiff had three surgeries, although two were in succession. She had implantation of a plate, a rod and surgical screws in March 2005 which were removed in September 2005. Her ankle was debrided in June 2008.
[67] Druet missed a total of three months of work as a licenced practical nurse arising from the injuries and surgeries. She walked with crutches for a short time after the Accident while recuperating. She had limited physiotherapy in 2005 but not since. She wears orthotics.
[68] Druet has substantially resumed her previous activities, except running. She now walks two miles a day, five days a week. She did substantial walking during a vacation to Europe in 2006 and a holiday in New York in 2008. She can walk five kilometres. She participates in 5K walks and completes them 10 to 15 minutes slower than when she ran. ..
In my opinion non-pecuniary damages fall between the two parties’ positions. I award $55,000 under this head.