A city bank intends to challenge a claim that accuses it of “gross negligence” for failing to ensure the safety of a pair of customers during a fight that broke out in one of its branches.
Brandon couple Marcus and Mary Vasconcelos are taking Toronto-Dominion Bank to small claims court.
They say they were doing business at the Rosser Avenue branch on Nov. 2 when they were verbally and physically assaulted by several intoxicated customers.
Bank staff should have spoken to or removed the intoxicated troublemakers long before things got violent, the couple claims.
They’re demanding $10,000 from the bank, the maximum allowed in small claims court.
The Toronto-Dominion Bank, however, has now filed notice in Brandon Court of Queen’s Bench that it intends to dispute the Vasconcelos’ claim.
It agrees that Marcus Vasconcelos was injured during the altercation at the bank, but otherwise denies all of the couples’ allegations.
The bank says it took all reasonable steps to keep the plaintiffs safe.
According to the bank, Marcus Vasconcelos alerted a bank employee to an altercation he was having with other people and said he was being threatened.
It was while a female employee had gone to get help that a fight broke out between Vasconcelos and one or more of the other people.
The bank states its staff responded quickly with no prior warning of the problem between Vasconcelos and the other people.
“Nothing done or omitted by the defendant caused or contributed to the incident or injuries,” the court document states.
In addition, the bank asserts that any injuries suffered by the plaintiffs are worth much less than the $10,000 claimed.
The case is set to be heard at the Brandon courthouse on Jan. 15.
Republished from the Brandon Sun print edition January 6, 2014