Whitehorse Daily Star

Woman says she’s suffered serious impairments

A Toronto couple is suing a number of companies over an accident involving the assist handle of an RV camper.

By Emily Blake on August 17, 2017

A Toronto couple is suing a number of companies over an accident involving the assist handle of an RV camper.

Katherine Keates and her common-law partner, Avraham Cohen, say that while travelling in the Yukon in 2015, Keates sustained serious injuries from a fall caused by the handle breaking.

The pair are photographers who have travelled the world and worked together on collaborative photo series.

They recently launched the suit over the incident in Yukon Supreme Court.

It lists as defendants:

• Fraser RV GP Ltd., the Ontario-based RV dealer that owned the Ford F350 RV;

• Adventurer LP, the manufacturer of the camper, based in Washington;

• ITC Inc., the manufacturer of the assist handle, based in Michigan; and

• XYZ Contracting, responsible for the maintenance and installation of the assist handle.

According to the lawsuit, on Aug. 19, 2015, Keates was holding onto the assist bar for balance while closing the rear door of the camper.

Without warning, it broke, and she fell to the ground.

She says she sustained serious and permanent impairments of physical and psychological bodily functions from the fall.

Following the accident, Keates was taken to the Dawson City Community Hospital and later to Toronto’s Sunnybrook Hospital, where she underwent surgery.

The suit claims that she has also been treated with an ongoing program of surgery, rehabilitative care, physiotherapy, message therapy, chiropractic treatment, dental care, prescription drugs, occupational therapy, chronic pain therapy, attendant care and rest.

It adds that she will require further medical care in the foreseeable future.

The couple has incurred expenses from this treatment and for travel, the suit alleges, and has encountered severe pain and suffering from the accident.

Because of her injuries, Keates says, she has been unable to do housekeeping nor home maintenance, and has had to pay someone else for the services.

And she claims she has sustained a loss of earning capacity and her competitive economic advantage in the market place.

Cohen says he has sustained a loss of care, guidance and companionship from his wife’s injuries.

He adds he has been providing housekeeping, caregiving and other services since the accident, for which he should be compensated.

The couple is seeking general, special, punitive and/or exemplary damages, pre-judgment interest, costs and further relief.

And the suit alleges that the accident was caused by the defendants’ negligence and that they breached a duty of care owed to the couple.

This includes for alleged failure to ensure that the assist handle was in working order and properly affixed to the camper, failing to provide adequate warning of the potential dangers of using the handle, and for failing to provide a product reasonably safe for its intended use.

The defendants have yet to respond to the suit, and the claims against them have not been heard in court.

Comments (10)

Up 34 Down 2

Just Say'in on Aug 18, 2017 at 10:10 pm

So these are professional Photographers up here plying their craft and selling their wares.
If this is the case then as others have said

1. Did they have WCB in the Yukon?
2. Did they Have a Business licence?
3. Was AHS involved as they should have been?
4. Was this accident properly documented and all the appropriate paperwork filed with WCB?
5. Who was the supervisor, and was he or she notified?
6. Did they have safety meetings?

Sorry I could go on and on. But one thing I can bet, is that they were up here on a nice holiday mascarading as a work trip that I am sure was expensive and everything was written off on their taxes.

Up 41 Down 5

Groucho d'North on Aug 18, 2017 at 12:59 pm

It is unclear to me if this injury occurred when these "professional photographers" were on the job as "...photographers who have travelled the world and worked together on collaborative photo series..." If so there is an entire Occupational Health and Safety component missing from this story. Did they have Safe Job Procedures in place to guide their activities when out on the road doing their jobs? Did they make a claim to their WCB office as they should have, or are they going straight to the litigation against the RV rental company?

Sounds like a money-making scam to me.

Up 48 Down 4

Woodcutter on Aug 17, 2017 at 10:46 pm

Some world travelers didn't even know to have three points of contact before relying on a plastic handle. Since it supposed to be business related, should they not be covered by workers compensation? And since their such experienced world travelers you would think they would have had travel insurance.

Up 9 Down 14

had the same thing happen on Aug 17, 2017 at 9:43 pm

Just pay them and be done with it. Settle out of court.

I lost 5k to them... but I saved 20k from a legal battle.
Legally I'm right.
Financially... easier to pay.

Up 37 Down 1

Charles on Aug 17, 2017 at 6:52 pm

@ Wowsers! You picked up on same as I did. Wife is suing for loss of earning capacity so obviously she worked and did the housework, but hubbie wants compensating for housework! Oh well, lawyers throw in everything they can think of. What's with the mention of it being a Ford 350 RV? Whether it was a motorhome or camper, Ford only provided the chassis and had nothing to do with the camper body. What it does tells us is that 350 means a truck camper would be high off the ground and a long fall. I had trouble envisioning this scene at first. Wife must have been overreaching to close door, with only the assist bar to support her. Unpleasant injuries that shouldn't have happened, but those of us familiar with RVs know the handles/bars do work loose with constant use and usually the wobbles are noticeable before disaster strikes. Unusual in a rental RV because they are usually recent models that haven't seen a lot of in and out of RV use that is normal Yukoner every weekend, family camping.

Up 58 Down 5

Matt on Aug 17, 2017 at 5:39 pm

What a bunch of BS. No way you take a little tumble and end up with "psycological damage". Nothing but a scam....thank you very much.

Up 11 Down 37

Dont make an issue... on Aug 17, 2017 at 5:37 pm

@Wowsers. It's got nothing to do with "sexist double standards". Don't make it into something it isn't. Compensation for what they are asking for is standard and for good reason. Take a look at case law across the country. There are literally thousands of similar situations. Who knows what will be decided in the end but they still have a right to ask for it.

Up 40 Down 2

June Jackson on Aug 17, 2017 at 4:54 pm

Some info missing here... How much did the woman weigh? Friends truck has a safety pull bar that only supports 250 lbs. For another of our friends, she carries a stool for her to get into the truck as she weights 250 lbs or more. So the bar is not safe for her to use. Surgery for what? and were there pre existing conditions that were impacted? The description goes from dental care to physio. That's a pretty broad range of injuries. How long after the 'fall' did Keates report to another Dr? "Later" isn't a good description of length of time... Was she injured again in that time? Did they not have travel insurance?

The husband as he seems to be sorely put out about having to do some housework which.. well, I didn't want to say it, but that might include laundry.

I am so sorry anyone got hurt. .. we are turning into a pretty litigious society... and I am sorry to see it.. this is a broad range suite which might indicate that they are casting a net hoping anyone gets caught in it. I am sure they are going to have to submit Health Centre reports and other health care reports.

Up 37 Down 3

Skookm Jim on Aug 17, 2017 at 3:41 pm

Why is this the lead news story on a day when mining prospect ATAC Resources announced drilling results including 67 meters of 3.35 grams of gold per ton on its Rackla property east of Mayo? This story was out more than 6 hours before deadline.

Up 138 Down 7

Wowsers! on Aug 17, 2017 at 2:59 pm

That was quite the fall!
Interesting how the male partner thinks he should also be compensated for "providing housekeeping, caregiving and other services since the accident" which she, as the woman, is expected to do for free. Not directly relevant, but interesting sexist double standards.

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