Injured man sues Superstore for $285K

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This article was published 28/04/2023 (1270 days ago), so information in it may no longer be current.

A Brandon man is suing the Real Canadian Superstore after he slipped and fell on ice outside the business last winter, the effects of which he says he’s still living with today.

Joseph Nault fell while walking toward the store from the parking lot on Jan. 6, 2022, fracturing his hip and developing frostbite on his body while he laid on the ground waiting for emergency responders to arrive.

The lawsuit claims that Nault’s fall was a result of “dangerous and unsafe” accumulation of ice and snow in the parking lot and that Superstore was negligent in ensuring the property was safe for customers.

As the Sun previously reported, Nault, who was 67 at the time, slipped on a patch of ice on a frigid winter evening and landed on his right shoulder and right hip. He had to wait about 40 minutes before an ambulance arrived to take him to hospital.

“There was a slope of ice there I couldn’t see in the dark. It sloped downward, so when my boots hit that, my feet went out and I went down on my right shoulder and right hip,” Nault previously told the Sun.

Nault suffered a fractured hip and bruising and developed frostbite on his backside because of the incident. Afterward, he had to undergo surgery on his hip and had physiotherapy treatments for his hip, leg and shoulder. Nault is now expected to have permanent effects to the use of his hip and shoulder, according to the lawsuit.

The claim, which was filed in the Court of King’s Bench in March, states the loss of income and ability to work that Nault experienced as a result of his injuries will continue into the future. He is seeking $285,000 in various damages.

Nault and his lawyer declined to comment on the lawsuit, but Nault told the Sun he still requires a cane to walk.

“It’s affected me a lot already,” he said. “And I’m sure that as I move forward into the future, it’s going to affect me even more so.”

The suit alleges Superstore failed to warn customers of any danger or choose an adequate contractor for the removal of snow and ice and that the business failed to provide care for Nault while he was lying on the freezing ground.

Around the time of the fall, Nault’s daughter told the Sun that Superstore employees provided blankets for Nault to stay warm while he waited for medical aid to arrive.

The suit also seeks damages from the snow and ice removal company that was subcontracted by Superstore. The claim alleges the company failed to have adequate policies regarding snow and ice removal and failed to provide warning to Superstore and customers that there was risk to walking on the ice in the area.

While Nault previously expressed frustration with the province’s management of emergency services, the lawsuit does not name any entity responsible for emergency services.

According to the statement of claim, when Superstore was contacted and advised of the claim and the damage Nault had allegedly suffered, the company said it had addressed the matter with the owners and with the contractor, and the company would not accept responsibility.

On Thursday, the Sun contacted Loblaws, which owns Superstore, but the company did not respond to requests for comment.

At press time, Superstore had not filed any documents in response to the allegations.

» gmortfield@brandonsun.com