A judge has ordered the Old Port of Montreal to pay a woman who lost her legs in a train accident.
On June 13, 2013, Pritie Patel and two friends left a bar at 2 a.m. and attempted to cross between two CN freight train cars stopped on the tracks near the Clock Tower Pier, when the train started moving.
“Unfortunately the train started without any notice or warning,” said Patel’s lawyer Arthur J. Wechsler.
Her two friends who went ahead of her made it across, but Patel tried to climb over the train coupling. She lost her balance and fell between railway cars. The train rolled over her legs, which had to be amputated.
There was a security agent on site, who, according to Justice Marie-Claude Lalande, didn’t actively try to stop the group from crossing or warn them that a train could start moving at any moment.
In her judgment, Justice Lalande writes: “The Old Port of Montreal is 90 per cent responsible for Patel's injuries.”
“The judge concluded that the Old Port had a security protocol in place that the security agent who was there the night in question failed to implement any of the procedures, and failed to advise the visitors of a possible danger,” said Wechsler.
“The overcoming of emotion from the client when we told her the news,” he continued. “It’s been a long battle for her. What she goes through on a daily basis, it's hard to imagine.”
In a statement, Old Port of Montreal spokesperson Jean-Francois Rochette writes: “Since the matter is before the courts, we aren't able to provide more information. I can tell you that the security of our visitors and employees is our top priority, and we have a dedicated team on site 24/7.”
Since the incident, the railway crossing has been equipped with more barriers, lights and bells – a far cry from in 2013, when the only indication of a crossing was one sign.
Given the catastrophic nature of her injuries, Patel hasn't been able to work since. She uses a wheelchair and has had to make adaptations to her home.
Wechsler said for those reasons, he believes she will be entitled to a lot of money.
“We feel very happy that the judgment is so strong,” he said. “Given the nature of her injuries, it seems that this case will definitely go into the millions.”
Wechsler said he expects a ruling on the settlement in about a year's time and in the interim will be consulting with experts to prepare for that phase of the case.
