Surrey woman Asmita Panchal is suing Wal-Mart Canada Corp. and John Doe for injuries she claims to have suffered as a result of slipping on some cherries at Wal-Mart’s grocery store at Guildford Town Centre.
A notice of civil claim filed in B.C. Supreme Court in Vancouver claims Panchal, a legal assistant, entered the store on June 24, 2017 to attend an acupuncture appointment and shop for groceries when she slipped on some cherries and fell on the floor, in the produce section of the store. Typically in court proceedings John Doe or Jane Doe refers to an unknown person.
The lawsuit claims the cherries had been dropped onto the floor by defendant John Doe, who is alleged to have “breached a duty of care owed to the plaintiff in that John Doe failed to exercise the standard of care required of a reasonable and careful person in the circumstances by dropping cherries onto the floor and failing to take any, or any reasonable, steps to clean them up or warn the plaintiff of the hazard.”
Panchal’s civil claim states she has suffered pain and discomfort, a fracture wrist, chronic pain and weakness in her wrist, injury to her hip, sleeplessness, anxiety, depression, psychological upset and “loss of resistance to future injuries and greater susceptibility to future injuries.”
A trial has yet to take place and the claims contained in Panchal’s notice of civil claim have not yet been proven or disproven in court.