In a statement of claim filed Wednesday and obtained by Global News, Shamsa Al-Balushi’s lawyers argue that not enough was done by the TTC to prevent their client from being shoved off of the platform and that the company “failed to promptly respond to the incident.”
According to police, the incident happened at the Bloor-Yonge subway station downtown at around 9 p.m., on April 17.
Officers said an unknown woman pushed Al-Balushi onto the tracks.
Police told Global News that Al-Balushi managed to crawl underneath the covered part of the platform to avoid being struck by an oncoming train.
She suffered serious but non-life-threatening injuries due to the fall but was not hit by the train, officers said.
The next day, police arrested 45-year-old Edith Frayne. She has been charged with attempted murder.
In the statement of claim, Al-Balushi’s lawyers said the TTC “failed to implement sufficient safety protocols on the subway platform,” and “failed to provide regular supervision of the passengers.”
The statement also alleges the TTC did “not have adequate surveillance of the platform.”
Her lawyers also said that after Al-Balushi was pushed off of the platform, she waited for approximately 30 minutes for someone to help her.
The statement of claim also suggests the TTC “failed to stop the subway train from approaching the subway platform,” and failed to reach Al-Balushi in a “reasonable time, given the severity of the incident.”
According to the statement of claim, Al-Balushi suffered several injuries including broken ribs, bruising and contusions to her entire body and muscle strain as a result of the incident.
Her lawyers said she also suffered “emotional and psychological trauma,” post-traumatic stress, anxiety and depression.
The filing said Al-Balushi now suffers from insomnia, a “reduction in the activities which she enjoyed prior to the incident,” and a “reduction in her enjoyment of life.”
Her lawyers claim that she has incurred, and will continue to incur, medical expenses for things including medication, therapy, rehabilitation and other forms of care.
“As a result of the Incident, Shamsa has sustained, and will continue to suffer loss of income, a reduction in her ability to compete in the labour market, a reduction in her ability to earn an income, and restrictions in the type of employment that she will be able to undertake,” the filing reads.
According to the statement of claim, Al-Balushi is seeking $1 million, or another amount to be determined before the trial, in damages and legal costs.
None of the allegations made by Al-Balushi have been tested in court.
Global News reached out to the TTC for comment regarding the lawsuit.
However, a spokesperson said the TTC does not comment “on any legal proceedings.”
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