The appellant tripped and fell on a ramp while exiting the respondent's store, sustaining injuries including a torn rotator cuff.
At trial, the judge awarded $13,598 in damages after finding the appellant 50% contributorily negligent and concluding her shoulder injury was not caused by the fall.
On appeal, the Divisional Court found the trial judge made palpable and overriding errors by ignoring medical and lay evidence regarding causation and misapplying the principles of causation and apportionment.
The Court reduced the appellant's contributory negligence to 15% and reassessed damages, awarding a total of $104,044.41.
