The spouse of a woman who died in Whitehorse after falling on her head outside a restaurant is suing the city, the Yukon government, an emergency responder and the operators of the 506 All Day Grill.

The spouse, referred to as “X” in the lawsuit, is seeking damages alleging various responsibilities on the defendants according to a statement of claim filed Feb. 25 in Yukon Supreme Court.

A Supreme Court judge granted a request by the plaintiff’s lawyer to have her identity be kept sealed.

The statement of claim only mentions the fact the plaintiff is a retired Whitehorse resident.

While the name of the woman who died is not under a publication ban, the Star has chosen not to publish it over concerns it could reveal the identity of the plaintiff.

According to the statement of claim, the woman was at the 506 All Day Grill on Main Street on March 19, 2015.

As she was leaving, she fell on the “exterior deck and stair system,” striking her head.

She suffered a subdural hematoma and was medevaced to Vancouver.

She died there nine days later.

The statement of claim alleges the stairs were unsafe and that there were a number of building code deficiencies.

The operators of the 506 All Day Grill allowed it to remain unsafe, the statement says.

The plaintiff is also taking aim at the city, arguing that because it is in charge of permitting and inspecting restaurants, it was negligent in not ensuring compliance with the National Building Code.

“At the time of the fall, the plaintiff and (the woman) had been cohabiting for 10 years and were in an interdependent relationship where they shared expenses, vacationed together, cared for one another during illness and were named as each other’s beneficiaries under their wills and power of attorney documents,” the statement of claim reads.

The spouse is also suing the EMS staffer who responded to the woman’s fall that day, and his employer, the Yukon government.

The identity of the EMS representative is not known, and is referred to as “John Doe” throughout the document.

“John Doe had (the woman) sign a Refusal to Accept Treatment form, after which (the woman) went home,” the statement of claim reads.

Hours later, the woman was found lying on the floor of her home.

She was brought to Whitehorse General Hospital and diagnosed with a subdural hematoma before being medevaced.

The plaintiff alleges the EMS responder failed to diagnose the head injury and bring her to the hospital.

He also shouldn’t have allowed her to decline treatment because he “ought to know” that the woman had likely suffered a head injury, it is alleged.

The Yukon government is also named as a defendant, with the spouse claiming it failed to properly train the EMS responder.

Calls from the Star to the restaurant seeking comment were not returned.

“The city is in the process of reviewing the document, and since the matter is now before the courts, we cannot comment in order to respect the legal process,” city spokesperson Jessica Apolloni told the Star.

The Department of Justice could not comment before deadline this afternoon.

In 2004, Justice Ron Veale ruled in favour of using initials not identifying names for a civil lawsuit involving an alleged sexual assault.

While the court file wasn’t sealed, anything that could identify the plaintiff was prohibited from publication on top of using initials not referring to the plaintiff’s name.

None of the publicly available documents in the current lawsuit explain the reasons why the woman’s identity is kept under seal.