The Galka v. Stankiewicz court decision was released by the Ontario Superior Court on May 17, 2010 in Toronto.

One autumn day in 2000, Wieslaw Galka and his good friend Patryk Stankiewicz went out for a picnic lunch and a casual game of archery on a range managed by the City of Toronto. Having lost a number of expensive arrows, Mr. Stankiewicz proposed an experiment whereby he would shoot an arrow over the top of the target while Mr. Galka stood downrange near the line of fire to watch where the arrow landed. Presumably, this would lead them to their lost arrows.

While attempting this experiment, Mr. Stankiewicz shot an arrow that accidentally pierced Mr. Galka’s left eye and lodged into his brain, causing serious injury. He was taken from the range to the Sunnybrook Hospital and then immediately into the operating room, where the arrow was removed under general anesthesia. As a result of the accident, Mr. Galka was left with grievous injuries including partial deafness and blindness, drastically reduced mobility, and severe psychiatric needs. He currently uses a cane for mobility and has limited control of his previously dominant right hand.

Mr. Galka hired Toronto Personal Injury lawyers and sued Mr. Stankiewicz for the negligent in his use of a bow and arrow and the City of Toronto for negligent operation of the public archery range.

The court found that Mr. Stankiewicz realized it was dangerous for Mr. Galka to stand in the vicinity of where an arrow might be fired.  The court found that by shooting the arrow in these circumstances, Mr. Stankiewicz negligently created an unreasonable risk of harm. However, the court also found that Mr. Galka knowingly placed himself in the vicinity of an oncoming arrow and thus also bore responsibility for the accident. Thus, the court found that Mr. Stankiewicz and Mr. Galka were each 50% responsible for the accident.  

The court dismissed the case against the City of Toronto on the grounds that the accident was so unpredictable that the City could not have been expected to foresee or prevent it. 

The Court awarded Mr. Galka the following damages (at 50%); 

• $225,000  – General damages for pain and suffering
• $1.5 million – Past and future lost Income
• $1,273,109  – Future care costs (minus 15% for contingencies)

Do you have a similar case? We can find you a top negligence lawyer in your area.