The St. Prix-Alexander v. Home Depot of Canada Inc. court decision was released by the Ontario Superior Court of Justice in Ottawa on January 4, 2008.

On November 27, 1999, Deanna St. Prix-Alexander, went with her husband and children to shop at the Home Depot. Mrs. St. Prix-Alexander was browsing the kitchen and bath department when she was suddenly felt a sharp blow to her and neck and shoulder, causing her to see stars. She screamed and felt immediate pain. She later discovered that a Home Depot employee had accidentally hit her with a heavy box while pulling it from the shelf.

Mrs. St. Prix-Alexander attended physiotherapy sessions as a result of the pain she was experiencing. During that time, she was treated for lower neck and upper thoracic pain and stiffness, thoracic joint restriction and stiffness in her shoulders. She was referred to a neurosurgeon who after reviewing an MRI recommended that she have decompression surgery on her cervical spine.

Mrs. St. Prix-Alexander underwent the operation on April 30, 2003 and was subsequently hospitalized for a week. During that week, she could not swallow, eat or drink and had difficulty moving her body. She had to be helped for almost every movement she made for about two months and had to depend on her husband to help her do almost everything. She had to wear a neck brace almost constantly for a period of five months after the operation.

Mrs. St. Prix-Alexander hired an Ontario accident-injury lawyer and sued the Home Depot for the injuries she suffered.

After reviewing all the evidence, the court found that the Home Depot employee was negligent in performing his duties. He should have noticed Mrs. St. Prix-Alexander in the aisle and waited until she was in a safe place before retrieving the box from the shelf. He failed to keep a proper lookout for customers in the aisle when removing the box from the shelf and placed Mrs. St. Prix-Alexander in a situation of danger. As a result, the court found that the Home Depot breached its duty under the Occupiers’ Liability Act to take reasonable care for the safety of its customers.

The court reviewed the medical evidence and concluded that Mrs. St. Prix-Alexander had sustained a major injury to her cervical spine as a result of the accident at the Home Depot. The injury resulted in spinal cord compression in her neck and a myelopathy, the effects of which would be permanent. Therefore, the court awarded her the following damages:

• $75,000 – General Damages for Pain & Suffering
• $16,126 – OHIP subrogated claim
• $6970 – Babysitting expenses
• $400,000 – Loss of Competitive Advantage
• $20,000 – to Husband for Family Law Claim

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