National Post (National Edition)
Senator drops suit over fall in cafeteria
I HAVE INSTRUCTED COUNSEL TO DISCONTINUE THIS MATTER.
Senator Fabian Manning has scrapped his lawsuit against the House of Commons over a slip-and-fall in the parliamentary cafeteria, saying there was a “significant misunderstanding” between him and his lawyer about the scope and amount of damages to be claimed.
The Conservative senator and his wife had filed a lawsuit on June 9 that sought damages for post-concussion syndrome, ongoing pain, and other ailments after he slipped on clear liquid in the Centre Block cafeteria two years earlier.
The suit, first reported by the National Post, asked for $250,000 plus unspecified special damages.
Manning, back on his home turf of Newfoundland Thursday, said in a statement he’s instructed legal counsel to discontinue the lawsuit.
“I initially sought legal counsel following this unfortunate incident in an effort to secure reimbursement of certain out-of-pocket expenditures,” the statement said.
“There was a significant misunderstanding about the scope and amount of damages to be claimed. I understand that counsel filed a Statement of Claim on June 9, 2017, in the interest of preserving any legal claim, pursuant to the applicable statute of limitations. I was later notified that such legal action had commenced. I have instructed counsel to discontinue this matter.”
The statement of claim said Manning had entered the cafeteria around 7 p.m. on June 9, 2015, when he slipped and hit his head so hard on the marble-tiled floor that he lost consciousness and was taken by ambulance to the Ottawa Hospital.
Hansard shows that he was able to return to work the next day, where he tabled a report in the Senate and cast two votes.
The lawsuit named the House of Commons, responsible for the cafeteria, Public Works and the Government of Canada.
The senator was seeking $200,000 plus a further amount of damages to be named, primarily due to costs of care and out-of-pocket expenses. His wife, Sandra Manning, was suing for $50,000 plus further damages due to the “impact that Fabian Manning’s injuries have had on her relationship with him, including the loss of companionship.”
Manning was first appointed to the Senate in 2009 by Stephen Harper, but then resigned his seat in 2011 to run in the election to be an MP. After losing, he was re-appointed to the Senate.
He had previously served as an MP from 2006 to 2008, and was an MHA in the N.L. legislature before that.