- Case Summary
Derry v. C.F. Realty Holdings
(2 June 2016), Newmarket, Court File No. CV-09-093546-00 (ON SC)
Gloria was an employee of The Bay at the Georgian Mall in Barrie. After her shift, she exited the mall and slipped on ice that had formed on the sidewalk. The defendants argued that Gloria’s boots were the cause of her fall, as was her inattention.
We hired an expert tribometrist to measure the level of friction created between Gloria’s rubber-soled boots to show they were of no consequence. We focused on a leak coming from the mall’s roof, which it knew about, and was the cause of the ice.
Gloria sustained multiple complicated ankle fractures, which required surgery and extensive treatment. Her injuries were so severe that they eventually took her out of the workforce entirely.
The jury determined that the Georgian Mall was 90% responsible for the accident and returned a verdict that was more than double the amount that the defendants offered to settle for before trial.