Winnipeg doctor sues province over elevator injuries

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This article was published 13/03/2024 (583 days ago), so information in it may no longer be current.

A Winnipeg physician has filed a lawsuit, saying she was permanently disabled after an elevator in a parkade near the Health Sciences Centre malfunctioned, injuring her spinal cord and leaving her with chronic pain.

Dr. Chau Pham is suing Shared Health, the Winnipeg Regional Health Authority and TK Elevator Canada.

According to the statement of claim filed March 7 in the Manitoba Court of King’s Bench, after Pham boarded a fourth-floor elevator in the 10 Emily St. parkade the cab “suddenly and unexpected” dropped, with her inside.

“Subsequently, the elevator suddenly and with great force came to a stop, which resulted in the plaintiff suffering serious injuries,” the document says.

Pham required hospitalization, surgery and rehabilitation after the April 14, 2022, incident. She has suffered from neurological deficits emotional and psychological trauma and will require future medical treatments as a result, the lawsuit says.

Pham is seeking an undetermined amount in damages, saying the incident has also caused “a loss in her capacity to earn income.”

“Her injuries and damages were caused solely by the negligence or breach of duty… of the defendants,” the claim says.

According to the court documents, WRHA and Shared Health “owed a duty of care” to inspect and maintain the lift to ensure it was in a “reasonably safe condition.”

Pham says the authorities, either or both of which own the Winnipeg parkade and elevator, also failed to “warn, place signage and/or take measures to protect the public.”

TK Elevator negligently produced, sold and installed a “defective elevator” the company should have known would injure people trying to use it, the claim says.

Spokespeople for Shared Health and WRHA each declined to comment on the pending lawsuit.

TK Elevator also said it could not comment while the case remains before the courts.

“The safety of both the riding public and its employees is TK Elevator’s top priority,” a spokesperson wrote in an email statement.

The allegations have not been tested in court. None of the defendants have yet filed a statement of defence.

tyler.searle@freepress.mb.ca