In a defense statement filed last week in response to a $ 1 million lawsuit filed by plaintiff Shamsa Al-Balushi, the TTC demanded that the lawsuit be dismissed, saying it was not responsible for any damages. In a statement, the TTC said that Al-Balushi “failed to take reasonable measures and precautions for its own safety and protection” because it “chose to stand near the edge of the platform” and “did not pay due attention to the environment”. of “. The video of the incident first published by BlogTO shows that the victim was behind the yellow line at the edge of the subway platform when the incident occurred.
The victim shares the responsibility of “traveling alone”: TTC lawyers
TTC’s lawyers also claim that the victim shared the responsibility for the incident because he “traveled alone and without assistance in public transport when he knew or should have known that it was not safe to do so”. Darryl Singer, head of commercial and civil litigation at Diamond and Diamond attorneys representing Al-Balushi, told CBC News he “hit the roof” when he received the TTC’s defense – especially when it came to allegations that his client was in mistake that you travel alone on the subway and stand very close to the edge. “It’s like blaming a rape victim for wearing a short skirt,” Singer said. “I can not believe that they actually got to the point of drafting this defense, in this way.” TTC spokesman Stuart Green declined to comment, telling CBC News that the agency was not talking about current legal issues. This screenshot from a video first posted by BlogTO shows the moment before Al-Balushi, on the right, is pushed into the subway lines. (BlogTO) The defense statement also alleges that the defendant in the criminal case is liable for damages as she “acted with reckless indifference to the life and well-being of the Plaintiff” and attacked her, in violation of TTC’s statutes. A 45-year-old woman was arrested at Finch GO station the day after the incident. He has been charged with attempted murder. According to a statement filed last month, Al-Balushi suffered a broken rib when pushed into subway lines on April 17 and continues to suffer from persistent back and neck pain, as well as physical and emotional trauma and insomnia. She survived by pushing herself on the subway platform to avoid a collision with an oncoming train.
The victim waited 30 minutes for help, the allegation says
According to court documents, Al-Balushi was “terrified” and “screamed in pain” after being pushed. The claimant claims that she waited for about 30 minutes for someone to help her. The original allegation is that while the alleged perpetrator who pushed Al-Balushi to the rails was not working or affiliated with the TTC, the TTC is still responsible for the incident. “TTC is responsible for the injuries suffered by Shamsa, as it did not apply adequate safety protocols to the subway platform, did not provide regular passenger supervision, did not have adequate platform monitoring, did not respond to the incident in a timely manner,” the statement said. Singer said the TTC could have installed a door system on the platform that moves only when a train enters the station, ensuring that it can not fall on the tracks. He also said that Al-Balushi is “on the road to recovery”, especially when it comes to her injuries. “Psycho-emotionally, these are scars that will last for years and years and years and in many ways, that’s worse,” he said.
