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Some women may have just asked for free Gap clothes for life.
peat
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Woman gets $330,000 after Mannequin hits
her By WILL BLACK-- The Canadian
Press
VANCOUVER (CP) -- A former actress and founder of a local theatre company was awarded $330,000 on Monday in a suit against Gap Inc. filed after she was hit on the head by a falling store mannequin. Justice Carol Ross found the clothing store liable because "the mannequins are clearly unstable on their little mannequin feet." She ruled that although Elizabeth Ball suffered from many health problems, the accident left her unable to work the 60 hours a week she normally worked. Ball's employment "entailed long hours and high levels of stress. These factors combined to make the injury to (Ball) far more severe than might otherwise be expected," the judge ruled. Gap Inc. was ordered to pay Ball a total of $330,170 in damages for not securing the dummy. The judge noted Ball's career "was central to her identity. The loss of this career is a major blow, affecting her sense of identity, her self-esteem and overall enjoyment of life." Ball's husband said she would not be commenting because of possible appeals. The Gap's lawyer refused to comment. The judge found the mannequin accident was the final straw in a life full of mishaps and health problems. Ball was the founder of the Carousel Theatre Company in Vancouver, acting as its artistic director and manager. Previously she had worked at the Arts Club Theatre and offered a theatre course at the University of British Columbia. In September, 1996, Ball was shopping at a Gap Kids outlet in a suburban mall. While she was bent over looking at some clothing, the mannequin fell and hit her on the head. The headless dummy weighed just over four kilograms and the part believed to have caused Ball's injury was a wooden neck piece. The court heard the dummy was on a shelf about 1.5 metres above the ground. The store's assistant manager rushed over to ask if Ball was okay. Ball lay on the floor for about 20 minutes and complained of dizziness. The assistant manager, Angela Kizinna, testified that although she didn't notice any injury or see any blood, Ball was eventually carted away by her husband with the use of a wheelchair. Ball claimed the incident exacerbated a pre-existing neck injury and caused her difficulty concentrating, blurred her vision and reduced her stamina, leaving her unable to work. Court records show Ball had a lengthy record of health complaints and this wasn't the first time a store display item fell on her head. In July, 1991, while shopping at a lighting store, a chandelier came loose and fell on Ball's head. A doctor noticed bruising on her arm and around her eyes, prompting him to conclude she suffered a skull fracture, although X-rays came back negative. Ball's medical records show she has suffered from asthma and depression. She has been in two car accidents since 1978, leaving her with neck and arm pain and memory impairment. After the falling chandelier, she reported jaw pain and ear problems. Despite all these complaints, a co-worker described Ball as having a high energy level and a positive attitude. -----------------------------------------------
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