EDMONTON -- An Edmonton man who claims things literally went into the toilet for him after going to a south-side Tim Hortons has launched a lawsuit against the coffee shop giant.
According to a statement of claim filed in Edmonton’s Court of Queen’s Bench on March 12, Gerbrand Denes is suing Tim Hortons Inc. and Tim Hortons Canada Holdings for $121,000.
Denes alleges he was a paying customer at a Tim Hortons restaurant at 2133 99 St. on the evening of March 13, 2008, and had to use the washroom.
While “in the normal course of using” the facilities, Denes claims the toilet seat broke, which caused him to fall into the toilet and then onto the floor.
As a result of the fall – which he says was caused solely by the negligence of Tim Hortons – Denes alleges he sustained serious and permanent injuries.
The city man claims the “grievous” bodily injuries he suffered include a bruised and broken right hip, bursitis in his hip, post-traumatic lumbar spinal dysfunction with aggravation of degenerative arthritis and soft tissue damage to the back.
Denes says he suffered “excruciating” pain and continues to suffer pain in his hip and lumbar spine as a result of the injuries, which necessitated extensive treatment and will require extensive treatment in the future.
Denes alleges Tim Hortons was negligent in failing to take any steps to ensure he would be reasonably safe on the premises and for causing or permitting the toilet seat in question to become a danger to persons using it.
He also alleges the coffee shop was negligent for allowing him to use the toilet when they knew or ought to have known it was unsafe and dangerous for him to do so and for failing to warn him of the condition of the toilet.
Denes wants $91,000 in general damages and $31,000 in special damages for travel to get treatment, cost of care and rehabilitation and loss of housekeeping capacity.
A statement of defence has not yet been filed. Statements of claim and defence contain unproven allegations.