A parking lot fall at the Guelph Costco store has resulted in a $2 million lawsuit alleging negligence on the part of the wholesaler – something company officials deny.
Filed by a Windsor man, the lawsuit centres around an incident that happened on the evening of June 18, 2020.
In a statement of claim, the man says he tripped on a “raised and unmarked parking block” and fell. As a result, he sustained a concussion and whiplash, with injuries to his head, neck, shoulder, wrist, knee and more.
“As a result of the aforementioned injuries, the plaintiff has experienced and will continue to experience severe cognitive, behavioral, emotional and personality changes,” the lawsuit states. “He has also experienced and will continue to experience pain, headaches, discomfort, vision changes, dizziness, fatigue, nausea, loss of cognitive functioning, depression, anxiety, limitation of movement and concurrent disability.”
The man insists Costco failed to maintain the parking lot in a “safe and reasonably prudent manner” and knew or ought to have known of the parking block danger. He further states there was no signage or markings to warn people of the block’s presence.
In its statement of defense, Costco Wholesale Canada Limited argues the man’s fall was the result of his own negligence; combined with impairment by drugs, alcohol and/or fatigue; lack of corrective lenses; and inability to see beyond the items he was carrying.
“He failed to look at the area immediately around him to maximize his own safety and well-being,” the defense statement reads.
The document further denies the plaintiff has or will experience a loss of income or that his enjoyment of life has been lessened.
Costco argues that if it is found at fault, the appropriate amount to be awarded is $35,000 and, therefore, the case should be heard in small claims court.
