Calgary

Calgary woman sues for $2.7M after foot amputated due to fall at Vancouver airport

A Calgary woman whose foot was ultimately amputated after a fall while getting off an airplane is suing WestJet and the Vancouver Airport Authority for $2.7 million.

Jaqueline Dyck broke her foot getting off a WestJet flight and it got infected following 2 surgeries

Jaqueline Dyck broke her foot getting off an airplane and it became infected following two surgeries and had to be amputated, according to a lawsuit filed in Edmonton. (Darryl Dyck/Canadian Press)

A Calgary woman whose foot was ultimately amputated after a fall while getting off an airplane is suing WestJet and the Vancouver Airport Authority for $2.7 million, according to a statement of claim filed in Edmonton.

Jaqueline Dyck was flying from Calgary to Phoenix when she slipped in water that had accumulated on the gangway while getting off at a stopover in Vancouver, the lawsuit alleges.

Following two surgeries, Dyck's right foot became infected and had to be amputated.

WestJet denies fault

The Province of Alberta is also listed as a plaintiff in the lawsuit — it is seeking to recover more than $160,000 in medical expenses from the airline and airport authority.

None of the allegations against WestJet or the Vancouver Airport Authority have been proven in court.

WestJet has filed a statement of defence, denying fault. The airline says its employees were in no way negligent and has asked the lawsuit be dismissed. 

The Vancouver Airport Authority has not yet filed a statement of defence.

Rain leaked onto gangway, lawsuit claims

On Feb. 14, 2016, when she boarded the airplane, Dyck was recovering from surgery on her right foot and was experiencing mobility issues, according to the court document.

Once the flight landed at the Vancouver airport, WestJet and/or airport staff connected the covered gangway to the aircraft, but somehow rain leaked in and water accumulated at the edge of the door to the plane, the lawsuit alleges.

Because of her mobility issues, Dyck waited until all other passengers had gotten off the plane to disembark. While stepping from the airplane to the gangway, she slipped in the water and rolled her right ankle, fracturing it. 

Dyck claims she was not provided with any assistance getting off the plane, though it's not clear in the court document whether she requested help.

Pain, suffering, lost income, medical bills

The lawsuit asserts that WestJet and the Vancouver airport are "liable for negligent acts and omissions of their employees, agents and independent contractors."

It suggests WestJet and the airport failed to take adequate steps to ensure the water did not leak or accumulate, and that the gangway was improperly connected and monitored. 

Dyck is suing for pain, suffering and loss of enjoyment of life as well as lost income and costs of medical treatment.

The matter is in court in Edmonton in February 2019.

CBC News has reached out to all parties involved but did not receive any responses.

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than a decade. Send Meghan a story tip at meghan.grant@cbc.ca.