Tommy v. 7-Eleven Canada, Inc., 2024 BCSC 1558 was decided by The Honourable Madam Justice Burke on September 4, 2024. The case involved Crystal Leanne Tommy, who was injured on May 2, 2018, after tripping in a pothole at a 7-Eleven parking lot in Smithers, BC. On her way to work, Ms. Tommy stopped for coffee and, as she exited the store, she fell and fractured her ankle in three places, resulting in a distal fibula fracture, a lateral talar dome osteochondral injury, and an anterior distal tibia fracture. These injuries led to significant complications, including chronic pain, swelling, and impaired mobility.

The central legal issue was whether 7-Eleven was negligent under the Occupiers Liability Act. Ms. Tommy contended that the store had failed to maintain the parking lot in a safe condition, causing her accident. The defendant argued that the pothole was minor and that they had a reasonable system of inspection in place. However, the court found that no evidence was presented to show that inspections or maintenance were properly followed at the time of the accident. As a result, Justice Burke concluded that 7-Eleven was liable for the plaintiff’s injuries.

One key issue was whether the ankle injury contributed to a second fall on December 25, 2018, when Ms. Tommy slipped on icy stairs and injured her back. The court found that her ongoing mobility issues from the ankle injury, including a pronounced limp, materially contributed to this second fall. Justice Burke noted that, while the icy conditions played a role, Ms. Tommy’s impaired ability to walk, caused by her ankle injury, was a significant contributing factor. The court accepted her testimony that the limp had developed after the initial accident, and the pain and instability in her ankle made it difficult for her to navigate stairs, thereby aggravating the risk of falling.

The court awarded Ms. Tommy non-pecuniary damages of $175,000 for her pain, suffering, and loss of enjoyment of life. For the cost of future care, including treatments such as CBD ointment to manage her ongoing pain, the court awarded $17,000. Ms. Tommy was also awarded $39,000 for past loss of housekeeping capacity, as she required significant assistance with household chores during her recovery, and $171,863.90 for future loss of housekeeping capacity, reflecting her ongoing inability to perform household tasks.

This brief summary is provided for informational purposes only and should not be relied upon for any legal purpose.