Digby v The Compass Institute Inc

The case of Digby v The Compass Institute Inc involves a dispute between the plaintiff, an employee of the first defendant, a disability services provider, and the first and second defendants. The plaintiff suffered an injury to her right shoulder while attempting to prevent a client with disabilities from falling after being startled by the siren of a police vehicle during a presentation at the first defendant’s premises. The second defendant was the employer of the police officer who turned on the siren. The plaintiff sought damages for her injury, including the costs of her medical treatment, rehabilitation and medication.

The legal issues before the court were whether the first defendant breached the duty of care owed as an employer by failing to provide a safe system of work, whether the second defendant owed a duty of care, whether the second defendant breached any duty of care owed by failing to give a warning before turning on the siren, and to what extent the plaintiff had suffered injury. The court had to determine the extent of the first defendant’s liability for the plaintiff’s costs of medical treatment, rehabilitation and medication.

The court found that the first defendant had breached the duty of care owed as an employer by failing to provide a safe system of work. The court held that the first defendant was vicariously liable for the actions of the police officer who turned on the siren. The court found that the second defendant did not owe a duty of care to the plaintiff and did not breach any duty of care owed by failing to give a warning before turning on the siren. The court found that the plaintiff had suffered an injury to her right shoulder and had developed a constant tremor in her right hand and arm, along with severe pain throughout her right upper body. The court found that the first defendant was liable for the costs of the plaintiff’s medical treatment, rehabilitation and medication.

The court ordered judgment for the plaintiff against the first defendant in the sum of $158,045, and dismissed the case against the second defendant.