Winnipeg Free Press - PRINT EDITION

Eatery owner sued over pool injury

Man left paralyzed after house party

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A local restaurant owner and his family are being sued after an incident at the swimming pool at their Linden Woods home left a young man a paraplegic.

Karlow Elahiyoun is suing George Ifandis -- owner of George's Burger and Subs -- his wife, Elena and their adult son, Dimitri Ifandis.

In a statement of claim filed recently at the Court of Queen's Bench, Elahiyoun, 32, said he suffered catastrophic injuries during a pool party at the Ifandis' home two years ago, when a drunken guest jumped into the water and landed on his neck.

Elahiyoun said the party was hosted by the Ifandis' son, Dimitri, alleging Dimitri served his guests "straight shots of liquor."

Elahiyoun said he was in the shallow end of the Ifandis' pool early in the evening of July 10, 2011, when another guest jumped into the pool and landed on the back of his neck. Elahiyoun states he suffered "a complete burst fracture of C5 and C6 (vertebrae) sheared at the top, with compression of the anterior portion of the spinal cord."

The injuries left Elahiyoun paralyzed from the mid-chest level down.

Elahiyoun is asking the courts to award him unspecified general damages, damages for past and future income loss, past and future costs of care and special damages.

The allegations have not been proven in court. Statements of defence have not been filed.

Also named in the lawsuit is Sabha Badee, the guest who Elahiyoun alleges jumped on his neck at the pool party.

Elahiyoun alleges Dimitri Infandis spent the afternoon "funneling straight liquor or liquor mixed with other non-alcoholic liquids to his guests," including Badee, with the intent of getting them drunk.

Elahiyoun alleges George and Elena Ifandis were responsible to ensure guests at their home were safe from pool incidents such as the one that led to his injury, and that the couple was responsible to ensure their son Dimitri didn't deliberately set out to get his guests drunk.

The documents filed in court state that before the pool incident, Elahiyoun had been employed as a foster parent with New Directions, operated his own landscaping business and generated income from conducting socials and Christmas parties.

Joining Elahiyoun in the legal action is his sister, Elham Elahiyoun, a Brandon dentist, who alleges she has become primarily responsible for her brother's daily care following the incident. She alleges she has incurred, and will continue to incur, out-of-pocket expenses related to providing care for her brother and she has suffered emotional upset and strain.

aldo.santin@freepress.mb.ca

Republished from the Winnipeg Free Press print edition July 19, 2013 A7

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