The Roscoe v Halifax Regional Municipality (HRM) case was released by the Supreme Court of Nova Scotia on December 29, 2011.
On the evening of Wednesday, March 26, 2008 Elizabeth Roscoe was playing badminton in a gymnasium owned by Halifax Regional Municipality. As she was moving backwards to return a high shot, her right foot was suddenly stopped by a piece of duct tape on the floor. She felt immediate pain in her right knee. Medical examination later determined that she had a torn meniscus. She underwent a variety of therapies and treatments for the injury, including arthroscopic surgery. Within 14 months, she returned to most of her pre-incident activities, with some residual effect.
Ms. Roscoe hired Halifax personal injury lawyers and sued Halifax Regional Municipality for negligence and failing to keep the gymnasium safe for patron.
At trial, the court found that HRM breached the standard of care owed to Roscoe because staff knew that tape had previously been used on the gym floor during daytime activities and that it was a foreseeable hazard to badminton players. The court found that HRM took insufficient steps to ensure that the gym was clear of tape and other foreign objects.
Ms. Roscoe was a competitive golfer and had difficulty playing after the accident. While golfing, she required a cart, whereas she would normally walk. She was unable to play as well or as often as she wanted. She missed tournaments because her golf game had become so poor. Her ability to garden was also affected because she could not squat. Instead, she used a stool. She also had trouble walking down steep hills. Otherwise, Ms. Roscoe was back to her normal activities by June or mid-June of 2009 and her ability to work was not affected.
The court awarded her the following damages:
- $25, 000 General Damages for pain and suffering
- $1, 290 Special Damages (renting a power cart for golf)
- $3, 593.36 Past Cost of Care (treatment and therapy not covered by her medical plan)
- $397.12 Pre-judgment Interest