The family of a man who allegedly died from complications after contracting legionnaires' disease is suing the City of Orillia and two private contractors for more than $3.25 million.
In the summer of 2022, David Palmer, a Barrie stone mason, was working outdoors at a housing development located at the corner of Sierra Drive and Monarch Drive in west Orillia, about 1.8 kilometres from the Rotary Place twin-pad arena that was later shut down due to a legionella outbreak.
According to a statement of claim filed on his behalf by Martin and Hillyer Associates out of Burlington, Palmer began to feel unwell on Oct. 4, 2022.
“In particular, he had severe ongoing myalgias, fever, cough, diarrhea and dyspnea,” notes the 14-page statement of claim, which was filed Feb. 21.
His symptoms worsened, so he went to the emergency department at Barrie’s Royal Victoria Regional Health Centre (RVH) on Oct. 7. Through X-rays of his lungs, it was learned his white blood cell count was elevated, he was put on oxygen and admitted to hospital.
“While in hospital, (Palmer) tested positive for legionnaire’s disease,” notes the statement of claim.
It goes on to say Palmer developed atrial fibrillation, had “altered levels of alertness, as well as progressive hypoxia and hypotension.”
He went into the intensive care unit on Oct. 9. He died a day later. (Click here to read his obituary)
According to the statement of claim, his cause of death was “multi-organ dysfunction syndrome, community-acquired pneumonia and legionella pneumonia.”
The lawsuit alleges the “contraction of legionnaires' disease, and resulting injuries and death were caused solely by the negligence” of the city and its contractors.
The municipality and officials from the Simcoe Muskoka District Health Unit held a news conference on Nov. 8, 2022 announcing that the source of the local legionella outbreak was the cooling tower at Rotary Place.
One person died as a result of the outbreak and dozens were hospitalized. The cooling tower at Rotary Place was also the source of a legionella outbreak in 2019.
The statement of claim alleges the city “failed” in 11 different ways to protect Palmer and others from peril.
The statement of claim alleges the City of Orillia “failed to take reasonable care to prevent a second outbreak of legionella (the first outbreak at the same facility had occurred approximately three years prior) “which they saw or should have seen was likely to happen.”
In addition, the suit alleges the city:
- Failed to have safety checklists to ensure airborne contaminates and diseases (including legionella bacteria) were not present within the cooling tower; located within the sports complex, which could have (and in fact did) exhaust out of the cooling tower and become airborne outside the exterior of the sports complex;
- Failed to reasonably inspect or maintain the cooling tower to ensure they were free of contaminates and bacteria (including legionella bacteria), especially in light of the 2019 legionella outbreak which also affected the cooling tower within the sports complex;
- Failed to have a reasonable system of inspection and maintenance in place to ensure that the cooling tower, were maintained so that they were reasonably safe;
- Hired incompetent contractors to monitor, sanitize and/or maintain the cooling tower within the sports complex;
- Hired incompetent contractors to test the cooling tower within the sports complex for the presence of legionella bacteria;
- Failed to act upon any recommendations or advice given to them from contractors / third parties with respect to the maintenance, upkeep and / or cleaning of the subject cooling tower;
- Failed to follow the recommendations and/or mandates of local health authorities as it relates to the prevention of legionella bacteria within the cooling tower;
- Employed incompetent staff as it relates to any attempt to prevent legionella bacteria from developing within the cooling tower;
- If they had a reasonable system of inspection and maintenance in place, which is denied, they failed to carry the system of inspection and maintenance out in a reasonable manner; and,
- Failed to inform members of the public who were within close proximity to the sports complex of the dangerous situation which they knew or ought to have known existed within the cooling tower; in particular the presence (of) high levels of legionella bacteria.
The statement of claim also outlines a series of grievances against Cooling Tower Maintenance Inc. o/a Chem-Aqua (Mississauga). The suit alleges the company “was at all material times responsible for the mechanical cleaning of the cooling tower located inside the sports complex, which was the source of a legionella bacteria outbreak in September 2022.”
NCH Canada Inc. (Brampton) is the other defendant.
“NCH was at all material times responsible for testing and servicing of chemical treatment systems used for the subject cooling tower located inside the sports complex,” says the statement of claim.
The suit is seeking $2 million in “general and special damages” in addition to $250,000 to Anne Palmer, David’s wife, and $250,000 to each of their two sons, Tanner and Lucas Palmer.
The suit is also seeking “punitive, aggravated and exemplary damages in the amount of $500,000” in addition to court costs and other amounts.
None of the allegations have been tested in court.
Officials from the municipality declined to comment.
“The city does not provide public comment regarding legal matters,” said Melissa Gowanlock, the city’s manager of communications.
