'I'm just afraid. Bottom line, afraid': Women sue city over injuries blamed on broken sidewalks
Three women have filed lawsuits against the City of Winnipeg, claiming the poor condition of some city sidewalks made them fall and injure themselves.
The lawsuits all say the city has a duty to keep the sidewalks in good condition.
Teresa Mackelson was out for a run on Sept. 21, 2014, when her right foot became "wedged in a section of missing sidewalk," her lawsuit says.
Mackelson fell to her knees and hit her head on the concrete while her foot was still stuck, the claim says.
"I ended up hurting my hips. My knees were pretty messed up. I ended up twisting my ankle. I ended up with a pretty bad sprain. And I've still got tendon damage and mild tendonitis in that right foot. And numbness, which is in my fingers on both sides," Mackelson said.
The accident has put a big damper on her life, which included a lot of running, she said.
"There was a time when I used to be able to do relays, marathons, and that's not even a consideration for me anymore," Mackelson said. "There's no way I can run that kind of distance. I'm lucky if I can run once every three weeks. If I do a mile, I'm lucky. And I'm just afraid. Bottom line, afraid."
Mackelson is suing the city and a construction company contracted to work on the sidewalk. She said there was no barricadeto warn her about the missing piece of sidewalk, which is now filled in.
"How many other people are injured out there?" she said.
More than 1,000 complaints last year
In 2015, the city received 1,325 complaints about sidewalks needing repair. Of those complaints, 684 were deemed to be hazardous. The city gives itself a deadline of two days to fix hazardous sidewalks, but CBC looked at 311 complaints and found it took, on average, 61.77 days to repair them.
Two other women have also filed lawsuits claiming they were injured after falling on sidewalks that were not properly maintained.
Ruby Evans, 64, was leaving work after a shift at the Royal Canadian Legion on Selkirk Avenue on July 18, 2015, when she tripped and fell on the road, breaking her ankle and both of her legs, the lawsuit says.
Evans had multiple surgeries and multiple infections, the claim says, adding she is still in hospital.
"Ruby will never be able to walk again without assistance and will likely lose her right leg," her lawsuit says.
She is suing for damages and the cost of her future care.
"The city ought to have known that the sidewalk had been left in a state of disrepair," the claim says.
The city's statement of defence says the cause of the fall was "the negligence of the plaintiff herself" by "failing to exercise appropriate care or any care for her safety." It also says Evans failed to "observe the condition of the sidewalk" and failed to avoid falling.
A third woman has filed a lawsuit after she tripped and fell on a sidewalk on Roblin Boulevard in October 2014. The woman said she was walking to the bus stop when she tripped on a hole within two "heaved cement slabs in the sidewalk, causing her to fall." The suit says she suffered injuries to her wrists, right arm and head and she had a black eye.
The city has not yet filed a statement of defence in this last case nor in Mackelson's case. A spokesperson said the city could not provide comment while cases were still before the courts.
