NASSAU, BAHAMAS — A Supreme Court judge has awarded a woman in her sixties just over $31,000 in damages after she was struck by a large package of toilet paper while shopping at a major retailer.
Justice Camille Darville-Gomez found that Cost Right, the defendant in the matter, breached its duty of care owed to Pamela Graham, resulting in her suffering loss and damages. The judge awarded general damages of $12,000 and special damages of $19,545.17, totaling $31,545.17. The awarded sum will bear an interest rate of three percent from the date the statement of claim was filed until judgment, accruing statutory interest thereafter.
Pamela Graham, 63 years old at the time of the incident, had pre-existing health conditions from a 2014 accident and was deemed an invalid by the National Insurance Board in April 2014.
On July 18, 2017, she entered Cost Right with her sister and was struck by a large package of toilet paper while shopping. She testified that while in the last aisle on the western wall, she approached a shelf to examine Nature Valley granola bars. Before touching the bars, a jumbo pack of toilet tissue fell from a high shelf, hitting her “like a blanket.” She visited Princess Margaret Hospital the same day, where she received medical attention and was discharged.
The following day, she began experiencing severe pain in her ear and eyes, with symptoms including blurred vision, redness, and swelling. She was prescribed medication, referred to an ear, nose, and throat specialist, and recommended physiotherapy.
A video recording submitted by the retailer showed Graham speaking with the store manager, explaining that she had removed a box of granola bars from the shelf when the package of toilet paper fell. This contradicted her testimony, where she claimed she had not touched the granola bars. Under cross-examination, she also disputed the size of the package seen in the video, asserting that the one that hit her was larger.
Medical reports were presented during the trial. Dr. Valentine Grimes, who examined Graham in December 2019, recommended surgeries for her neck and rotator cuff but acknowledged pre-existing spinal issues and other conditions. Dr. David Barnett, an orthopedic surgeon, classified the injuries from the incident as minor, estimating a 1–2 percent impairment rating.
The retailer had argued that it had effective safety measures in place and suggested Pamela testimony lacked credibility. Store manager Raymond Rolle testified about stocking policies and regular aisle inspections.
Justice Darville-Gomez concluded that Graham had proven, on a balance of probabilities, that she suffered injuries to her left eye and shoulder due to the incident. However, complaints regarding injuries to her neck, spine, head, and ear were deemed exaggerated and unrelated to the falling package.
Graham had initially sought $134,113.14 in damages, including $72,464 for future medical expenses, $28,649.14 in special damages, and $33,000 in general damages.
