A former Massey College student and her husband are suing the college and U of T after she allegedly fell from a flight of stairs and suffered serious injuries.
In the statement of claim filed on September 23, 2016, plaintiff Judi Kobrick alleges that she suffered permanent physical, emotional, and economic damages after slipping and falling down a flight of stairs at Massey College in October 2014, when she was a student.
According to the lawsuit, Kobrick suffered “serious and permanent injuries including [but not limited to,] an acute undisplaced fracture of greater tuberosity of left humerus,” which is a shoulder trauma. Kobrick is seeking $100,000 in general damages, along with “Special Damages in an amount to be ascertained.”
The lawsuit alleges negligence, as well as a breach of the Building Code, the Occupier’s Liability Act, and the City of Toronto Municipal Code on the part of both Massey College and U of T regarding the safety of the premises.
According to the plaintiffs, the lack of a handrail in place on the staircase, no surface in place to prevent water from accumulating, no demarcations on the landing, and “incompetent” employees who were not property instructed or supervised constitute negligence.
According to the statement of claim, Kobrick has had to undergo various treatments as a result of her injuries involving various out-of-pocket medical expenses, and her injuries affected her ability to make a living.
“The Plaintiff Judi has lost income, the ability to earn an income and will continue to lose income in the future,” reads a portion of the suit. “Furthermore, the Plaintiff Judi has suffered a loss of competitive advantage as a Psychologist and has suffered and will continue to suffer loss of income.”
Kobrick’s husband, Ronald, is also bringing legal action under the Family Law Act. He is seeking compensation of at least $20,000 for damages suffered as a result of Kobrick’s injuries. These damages include “loss of past support, care, service, comfort,” as well as “loss of income, expenses incurred and services provided” from caring for his wife.
Massey College is a residential college for graduate students that describes itself as “affiliated with, but independent from the University of Toronto.” The residence is located on 4 Devonshire Place and was built in 1962.
Ashley Artopoulo from Black, Sutherland LLP is serving legal counsel for both U of T and Massey College. U of T and Massey College submitted a notice of intent to defend on October 21, 2016 but have yet to file a statement of defense.
Massey College Bursar Joyee Chau and U of T Media Relations Director Althea Blackburn-Evans declined to elaborate in response to The Varsity’s requests for comment, as the case is before the courts. Manny S. Solnik, who is the plaintiffs’ legal counsel, could not be reached for comment.