This blog post was created by Ontario slip and fall lawyer Mark Yazdani. Visit Mark’s slip and fall information site: www.slipfall.ca.

The Cartner v. City of Burlington court decision was released by the Ontario Superior Court of Justice on July 29, 2008.

On November 8, 2002, 52 year-old Marjory Cartner was walking from the bus stop to work with a friend and co-worker. Suddenly, her leg twisted and slid out from under her on the sidewalk and she fell and severely fractured her right femur. She had slipped on a muddy concrete substance that had pooled on the sidewalk. The substance emanated from a shoe store which was in close vicinity to the sidewalk.

As a consequence of the slip and fall, Ms. Cartner underwent a total right knee replacement in July 2006. She faced two potential further surgeries to repair her left knee and leg as a result of the osteoarthritis that developed in her knee joint immediately below the fracture area. She continued to experience severe pain in both knees and in the area of her right femur.

As a result of her injury, Ms. Cartner claimed she was unable to return to her job nor to any other work. She hired a Hamilton slip & fall lawyer and sued the shoe store owners for negligence. She also sued the City of Burlington for leaving the sidewalk in a state of non-repair

At trial, the City of Burlington admitted that the accident occurred on its sidewalk, but argued it was not liable because they took reasonable steps to maintain the sidewalk and could not reasonably have known about the presence of the concrete substance on the morning of the slip & fall.

After reviewing all the evidence, including testimony from various experts, the court concluded that the three slab section of the sidewalk where Ms. Cartner fell was improperly designed or constructed. It also concluded that the previous grinding repairs that the city ordered left the sidewalk in a state of non-repair. The court took into account that the City could not show that the sidewalk was inspected in the summer of 2002. The court found the City of Burlington 20% liable for Ms. Cartner’s injuries

The court also found the shoe store owners liable in negligence for allowing the concrete substance (which had been used during repair work) to seep towards the sidewalk and cause a hazard. The court found the shoe store owners 80% liable for Ms. Cartner’s injuries.

Ms. Cartner was awarded the following damages:

• $120,000 – General damages for pain and suffering
• $171,000 – Past and future lost income
• $20,000 – Family Law Claim of Ms. Cartner’s husband

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