Policewoman sues after tyre falls on foot

A policewoman stationed at the Scarborough Police Station’s Court and Process Branch has taken legal action against the State over an injury she suffered at the station when a large tyre fell on her foot.

Cpl Karen Wiltshire-James, 46, of Store Bay, Bon Accord, who was injured on December 10, 2013, is seeking compensation for the injury, which has left her in pain and still unfit to return to work.

Justice Joan Charles is presiding over Wiltshire-James’ personal-injury claim. The policewoman is represented by attorneys Kelston Pope and Elena Da Silva.

According to Wiltshire-James’ lawsuit, she returned to the station and pushed open a glass door in the charge room which led to the Court and Process Branch office.

As she let go of the door, the tyre, which was fitted with a metal rim, fell on her foot. She said there were three other tyres leaning against the wall in the corridor.

Wiltshire-James reported the incident to her senior and also made a station diary entry. The next day she woke up to excruciating pain in her left foot, she said.

She went to work and later went to the Scarborough Health Centre. She was given four days’ sick leave, but said when she returned to work, she continued to experience extreme pain.

She again sought medical attention and was given additional sick leave. She has continued to receive leave and has not been declared fit to return to work.

Wiltshire-James is alleging negligence on the part of the State, for exposing her to the risk of injury, failing to ensure that the corridors at the police station were clear and having the four tyres in the corridor, which posed a potential hazard.

She said she continues to incur the cost of medication on an ongoing basis, was bypassed for promotion because of her injury, which has left her on extended sick leave, and was unable to sit the examination for the rank of inspector.

The lawsuit also claimed she stopped receiving a salary in February 2016.

In its defence, the State has denied negligence. In response to Wiltshire-James' claim, the State said her injury was caused by her own negligence, as she ought to have known the tyres were there.

The State's defence admitted the four 18-inch tyres, with steel rims, were on the wall in the corridor, but were not close to the glass door, as Wilshire-James claimed, and were positioned where nothing would come in contact with them to cause them to shift or fall.

It was also said at the time of the alleged incident, no screams or noises were heard and she ought to have taken care for her own safety.

The tyres were exhibits.