The plaintiff slipped and fell on an icy city sidewalk, sustaining a severe proximal humerus fracture that required surgery and resulted in permanent limitations in her right shoulder.
The defendant municipality admitted liability, leaving only damages to be assessed.
The court awarded $125,000 in general damages, $64,723 for future care costs, and $2,724.26 for out-of-pocket expenses, plus a subrogated OHIP claim.
Claims for past and future income loss were dismissed as the plaintiff failed to establish a real and substantial risk of pecuniary loss.
