The Skocir v. Premier Fitness Clubs (Yorkdale) Inc. court decision was released by the Ontario Superior Court of Justice on November 7, 2008.

Matilda Skocir, age 72, attended her gym in Toronto, Ontario, on December 14, 2006 for her regular workout. After she finished, she was stretching on the floor when suddenly one of the weight machines toppled over on her, landing on her legs and left arm.

Ms. Skocir suffered extensive bruising to her left arm, a curved gash encircling the left ankle and an inverted “V” laceration on her right calf in front. Ms. Skocir was taken by ambulance to the Humber River Regional Health Centre where her wounds was stapled and then she was discharged. She returned to the hospital two days later as the bruising had increased. Ms. Skocir was advised that she needed home care.

Ms. Skocir spent the next several months being unable to walk or climb the stairs to her bedroom. Her family had to assist her to attend the washroom and with personal hygeine. She was also required to make home modifcations such as the installation of grab bars and a raised toilet seat in the bathroom.

Ms. Skocir hired a Toronto personal injury lawyer and sued the gym for negligence causing her injuries. The gym failed to defend the action in time and thus the matter proceeded to an undefended damages assessment.

Ms. Skocir testified that while her injuried improved she had been left with on-going pain and restrictions as a result of her injuries. She stated that her legs are no longer strong and she finds ascending the stairs difficult. Her left leg also has “patches of numbess” and she feels electric shocks in it. Both her legs swell over the course of a day. Ms. Skocir also had restricted range of movement in her left arm and shoulder. She was also bothered by the scars that remained from her lacerations.

A report by Ms. Skocir’s physiatrist found that her injuries had impacted her ability perform household activities as well as her leisure activities and that the prognosis for improvement was extremely poor.

After reviewing all the evidence, the court found that Ms. Skocir was entitled to the following damages:

• $110,000 – General Damages for pain and suffering
• $47,500 – Family law act damages
• $11,250 – Past Housekeeping
• $4190 – Future Housekeeping
• $30,031.42 – Future Care Costs

Note that this decision was set aside by motion in 2010 and the action is currently continuing.

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