The Toronto Transit Commission is rejecting any responsibility for a recent incident in which a woman was pushed into the subway tracks and is calling for her $1 million lawsuit to be dismissed.
In a statement of defense filed last week, the TTC says it is not liable for any injuries and damages alleged to have been sustained by the plaintiff when she fell into the subway tracks as a train approached.
Shamsa Al-Balushi was on the platform of the Bloor-Yonge line waiting for the train around 9 pm on April 17 when, as seen on video footage obtained by the Star, another woman approached and suddenly pushed her onto the tracks.
In its nine-page statement of defense, the TTC says it responded to the emergency situation in a “reasonable manner.” The transit agency notes it was able to cut traction power, signal an incoming subway train and contact emergency services.
The subway train did not make contact with the plaintiff, the TTC says.
“Following proper procedure and appropriate safety measures, the TTC immediately took steps to protect the plaintiff from any further injury and waited for Toronto Fire Service and paramedics to attend to safely assist the plaintiff up from track level.”
In the statement of claim submitted last month, Al-Balushi and her lawyers accused the TTC of failing to implement adequate safety protocols to protect riders on subway platforms. They also say the TTC did not respond promptly to the incident, failing to stop the approaching train while Al-Balushi was still trapped under the platform edge.
In its defence, the TTC says Al-Balushi failed to take reasonable steps and precautions for her own safety, including by standing on the yellow tiles at the edge of the platform and failing to pay attention to her surroundings.
“She knew or was familiar with (the alleged attacker) and failed to remove herself from a potential situation of danger, use the passenger assistance alarm or take any other steps to notify the TTC or other patrons on the platform,” the statement of defense states.
Darryl Singer, one of Al-Balushi’s lawyers, said the transit agency is avoiding its responsibilities by blaming the attacker.
“My client’s claim is not against her; it is against TTC. Their defense of her simply tries to avoid the real issue of what safety mechanisms TTC should have had in place, ”he said.
Singer notes that the TTC previously considered adding safety barriers to the platforms, but ultimately decided not to due to high costs.
I have added: “TTC is a public entity, it is imbued with a public trust. Cost-cutting at the expense of passenger safety is at the core of our case.”
Al-Balushi and her lawyers claim that she suffered broken ribs and bruising and has been dealing with neck and back pain, as well as emotional and psychological trauma as a result of what happened to her in the incident.
The TTC denies those injuries and damages. It denies allegations that the complainant suffered any loss of income as a result of the incident, or that she will continue to require long-term care treatment such as hospitalization, surgery or therapy.
“The TTC submits that this action be dismissed with costs,” the defense statement adds.
JOIN THE CONVERSATION
Anyone can read Conversations, but to contribute, you should be a registered Torstar account holder. If you do not yet have a Torstar account, you can create one now (it is free)