Kugler Kandestin obtains important judgment in tragic train incident case
Kugler Kandestin has obtained a significant victory in favour of Pritie Patel and her mother, Vanitaben Chhahanbhai Patel. Pritie suffered catastrophic injuries when, after approaching an immobilized train at the Old Port of Montreal and seeking information from a security agent, she tried to cross over the coupling in between two train wagons. Most tragically, as she was crossing, the train suddenly jolted forward, causing her to fall, with the train ultimately severing both of her legs just below the hip.
By Judgment dated July 25, 2018, Superior Court of Québec Judge Marie-Claude Lalande ruled that the Old Port of Montreal Inc., the entity which employed the security agent, was 90% responsible for the Plaintiffs’ injuries and damages. The Court held that the Old Port of Montreal Inc., despite having certain safety protocols in place, committed a “fault of omission” as it did not take the necessary measures and precautions to prevent the occurrence of a danger which it clearly knew existed. The Court noted that the security agent did not actively stop Pritie from crossing through or warn her that the train could start moving at any time, that there were no barriers preventing pedestrians from crossing through or behind the train, and that there was no notice of any safety risks at the location.
A separate hearing will take place in order to determine the amount of compensation that the Plaintiffs are entitled to. Given the severity of Pritie’s injuries, the amount is expected to be in the millions of dollars.