ADM 3360 Lecture Notes - Lecture 15: National Post, Snowmobile, Tantrum
6 Oct 2017
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Going down escalator, two youth start pushing each other and fall on the man. All three fall on the plaintiff who was knocked down. Claimed ttc was negligent by not installing a rubber handrail that would be better. Supreme court: no evidence in this case upon which a jury might be asked to find that there was a legal duty to preserve order among the passengers so that other passengers might not be injured. No evidence in this case that having an attendant for the escalator is necessary- wont necessarily prevent what happened. The issue was the kids were pushing which caused the three to fall on the plaintiff. Torts, negligence, duty of care, foreseeability, personal injury, mental injury. M replacing an empty bottle of water with a full one. Sees a dead fly in a unopened replacement bottle. He developed a major depressive disorder, phobia anxiety.
