Woman who lost legs in accident wins damages from Old Port

The Old Port of Montreal Corporation Inc. has been ordered to pay damages to a woman who lost both legs in a train accident in 2013 for failing to ensure the security of pedestrians, a judgment issued Wednesday says.

Pritie Patel was with three friends on June 12, 2013, when the accident occurred. Patel, 30 at the time, and her friends were trying to leave the Old Port after midnight and were blocked by a train stalled on the tracks that borders its exits. To reach their car, Patel and her friends decided to cross between the train’s cars. Two of her friends had made it across safely when Patel, in the midst of crossing over, tripped as the train began to move, becoming trapped under the cars.

But before they decided to cross, the group had approached Franz Duteau, an Old Port of Montreal security agent. According to court documents, Duteau said he warned them of the risk of crossing between the train’s cars. Patel and her friends said he told them to “do as you please.” Security footage of the incident shows that Duteau remained seated in his patrol vehicle throughout the exchange.

In her decision, Justice MarieClaude Lalande says because Duteau did not actively stop Patel from crossing through or warn the group the train could start moving at any moment, the Old Port of Montreal Corporation Inc. is largely responsible for her injuries.

At the time of the accident, the decision says, there were no physical barriers in place to prevent pedestrians from crossing through or behind a train stopped on the tracks, and a notice of the safety risks was not posted at the location and was only available on the corporation’s website.

“It is unrealistic to expect visitors to a site such as the Old Port of Montreal to spontaneously consult a website to inquire about potential hazards,” the judgment says.

The court also wrote: “A reasonably cautious person would not have climbed over a train car hitch, even if it blocked public access.” Because of that, the court determined she was partly responsible for her injuries.

The total amount of the settlement has yet to be determined.

Jean-Philippe Rochette, spokesperson for the Old Port of Montreal Corporation, refused to comment on the judgment, but he said in an email to the Montreal Gazette, “the security of our visitors is very important to us.”