A Toronto woman who was pushed off a subway platform and trapped by the track for several minutes last month has sued the TTC for $1 million in damages, claiming the public transit agency failed to protect her from the incident, leaving her with physical and psychological pain .
In the statement of claim filed Wednesday this week, 39-year-old Shamsa Al-Balushi accuses the TTC of failing to implement sufficient safety protocols on its subway platforms.
She also claims the TTC did not respond promptly to the incident, and failed to stop a train from approaching the subway platform while she was still trapped in a crawlspace under the platform edge.
“While the assailant who pushed Shamsa onto the tracks was not employed by or affiliated with the TTC, the TTC is liable for the Incident,” the eight-page statement of claim reads.
Reached Friday, a TTC spokesperson said the transit agency would not comment on a legal matter that’s before the courts.
Al-Balushi was standing close to the edge of the northbound platform of the Bloor-Yonge subway station around 9 pm on Sunday, April 17. A video obtained by the Star shows another woman approaching her and using both hands to push her down onto the tracks, where she lands on a track rail.
A 45-year-old woman was arrested the next day at Finch subway station. She faces one count of attempted murder.
Al-Balushi’s statement of claim notes that after the fall, she rolled over and away from the actual train tracks. She was “terrified” and screaming in pain when the train approached and did not stop before it was pulled into the station. She said she could also hear other passengers screaming.
The claim says she waited for approximately 30 minutes before help arrived.
The lawyers representing Al-Barushi argue this delay was unreasonable, given the severity of the incident.
Darryl Singer, one of the two lawyers representing Al-Balushi, said Al-Barushi is hoping for two outcomes from this lawsuit: First, the implementation of safety protocols such as safety barriers in all TTC subway stations. She’s also looking for monetary compensation for the pain and suffering she has endured, as well as the out-of-pocket rehabilitation expenses she’s now facing.
“My client is bringing this lawsuit primarily to ensure this sort of thing does not happen to anyone else,” Singer said.
According to the statement of claim, Al-Balushi sustained broken ribs and bruising over her entire body. She’s been dealing with neck and back pain, insomnia and emotional and psychological trauma following the incident, the claim says.
It notes that Al-Balushi had just started a new job and was in a probation period when the incident took place. As such, she’s not entitled to any work benefits, and the incident will keep her out of work with no income to support herself.
“My client is making a very slow physical recovery but the recovery from the trauma will take much longer, quite possibly many years,” Singer added.
The TTC says it continues to implement several procedures to keep riders and workers safe, including video surveillance, alarms and emergency strips and two-way communication systems on station platforms.
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