An Edmonton senior who was seriously injured when she was pushed on the LRT tracks at the end of April is suing the City of Edmonton and the Edmonton Transit System.
The statement of claim, filed June 17, also names two unknown employees (hired or contracted by the city or ETS) in the lawsuit.
Sharda Devi Naidu, 78, was shoved onto the tracks from the Health Sciences/Jubilee LRT platform on April 25.
Edmonton police said she had been standing on the platform along 114 Street near 83 Avenue waiting for a train when the man “unexpectedly ran up and pushed the female off the platform onto the LRT tracks.”
Police described the incident as “a violent, unprovoked assault on a senior.”
The legal statement claims the city and/or ETS didn’t respond quickly enough, didn’t allow adequate access to emergency services and didn’t ensure she was safe while emergency services recovered her.
Naidu spoke with Global News over the phone from her hospital bed in May when she was being treated after shattering her leg.
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“I was screaming for help. Then, I saw the train coming. (I was there for a long time)… I thought ‘I’m done’. But luckily, the train stopped.”
She used the LRT to get to and from her shifts at the University of Alberta Hospital where she works as a porter.
The legal document says Naidu was waiting for the LRT when she was “verbally harassed by Kendall Raine, who then physically struck her twice in the face and then again at the back of her head after which he then suddenly pushed the plaintiff onto the train tracks… The plaintiff subsequently fell several feet off the platform and onto the tracks causing her to sustain serious personal injuries.
“Shortly after, the plaintiff heard the LRT train approach. The train slowed down and arrived at the platform, after which police, firefighters and paramedics arrived, and the plaintiff was taken to the emergency department at the University of Alberta Hospital.”
The statement of claim states Naidu suffered injuries to her back, both hips, both legs, both knees, both ankles, both feet, and that she now suffers from chronic pain, numbness, anxiety, nightmares, memory loss and stress.
The document also states she’s suffered pain and suffering, past and future loss of income, costs of care, housekeeping capacity and lost enjoyment for life.
It also states Naidu has and will have health expenses as a result of the attack for services like dental surgery, chiropractic, mental health, drug, optometric and transportation support.
The statement of claim seeks more than $1.1 million to cover general, special, pecuniary and punitive damages as well as legal costs.
It states the city and ETS were negligent in that they:
- failed to implement sufficient safety protocols on the LRT platform;
- failed to implement guardrails or guard shields at LRT platforms;
- failed to provide regular supervision of the passengers or visitors to the premises;
- had inadequate surveillance and monitoring of the platform;
- failed to promptly respond to the incident;
- failed to reach the plaintiff in a reasonable time, given the severity of the incident;
- failed to allow emergency services access to the tracks to recover the plaintiff, given the severity of the incident;
- failed to ensure that the plaintiff was safe while emergency services recovered her.
These accusations have not been proven in court.
The City of Edmonton issued the following statement:
“The criminal incident in April was a tragedy for Ms. Naidu, and we continue to extend our condolences to her and her family. We will handle the lawsuit in accordance with normal processes and review it carefully. We cannot comment in detail on matters before the courts,” said Michelle Plouffe, city solicitor.
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