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Style of Cause: Edwards v. Tracy Starr’s Shows (Edmonton) Ltd., (1984), 13 D.L.R (4th) 129 (Alta. Q.B.) Procedural History: No previous treatment of case. Facts: Edwards, at the age of 57, fell over a flight of two steps leading to a stage at Tracy Starr’s Burlesque Palace. The steps and surrounding area were carpeted in a dark color and were not adequately illuminated, although if paid attention to the area was definitely visible and could have been avoided. There were no handrails or banisters on the steps. When the injury occurred, a nude female was on stage as part of the program offered by the proprietors. Prior to this fall Edwards could walk normally. Ever since however, he has had to use a wheel chair to move around, and this condition is permanent. Coupled with the inconvenience of not being able to walk, his wife now spends approximately five hours a day looking after him as he cannot do so properly himself. Although retired, Edwards has had to alter his lifestyle due to his condition. Issues: 1. As the occupier of the site of the accident, is Tracy Starr’s Shows (Edmonton) Ltd. liable for the injury suffered by Edwards? 2. Was Edwards in any way negligent and therefore responsible, in whole or in part, for his injury? 3. What, if any, damages can Edwards recover with respect to the cost of future care that he will incur which, but for his injury, he would not have incurred?
Approximate Word count = 921
Approximate Pages = 3.7
(250 words per page double spaced)
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