A Mark's Work Wearhouse in Calgary is pictured in this July, 2016, Flickr photo.
Image Credit: FLICKR / Brian Skinner
February 07, 2020 - 3:30 PM
A Vernon woman is suing Mark's Work Wearhouse claiming she tripped over some shoeboxes in the store and her fall led to an emergency C-section.
The plaintiff in the case was approximately 34 weeks pregnant at the time and fell on her abdomen, according to the Notice of Civil Claim filed at the Vernon courthouse Feb. 5. It says the fall resulted in her having an emergency cesarean section that day.
Celeste Shantel Hind tripped on "hazardous and unmaintained shoeboxes that were on the ground" while she was shopping at the Mark's Work Wearhouse at the Piccadilly Place Mall in Salmon Arm, according to court documents. The alleged incident took place in February, 2018.
The Vernon resident claims the defendants failed to take "reasonable care" to ensure she would be "reasonably safe" in using the premises.
Hind claims the fall made her have an emergency pre-term cesarean, as well as causing "trauma, pain and injury" to her abdomen. She also claims the fall resulted in her suffering headaches, sleep disturbances, chronic pain and stiffness and loss of enjoyment of life, and physical disability.
The health of her baby is not mentioned in the court documents.
Along with the clothing retailer, the plaintiff is suing Piccadilly Place Mall, saying as the owner of the property, the mall had a responsibility for the activities conducted on the premises and a duty to take "reasonable care" to see that the plaintiff "would be reasonably safe using the premises."
The court documents say Hind, who is a student, is less able to manage household chores and incurred medical expenses as a result of the fall.
While no dollar amount of compensation is listed on the civil claim, the documents say the financial particulars will be provided prior to the trial.
Neither of the defendants has yet filed a response in court. None of the allegations have been proven in court.
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