Surrey resident Marlo Kathleen Crellin is suing the meal-delivery company Skip after what she said was an attack by a company driver.
The plaintiff, who told BIV through her lawyer that she is OK with being named in this story, filed the lawsuit in BC Supreme Court May 18. She is seeking an unspecified amount of money in damages as well as declarations that the company, previously known as SkipTheDishes, owed her a duty of care, that it breached that duty of care and that it breached fiduciary duties to its customer. She is also suing the driver, who she called John Doe, and Skip's parent company, Just Eat.
Crellin claims that at approximately 11 p.m. on Dec. 22, 2024, she ordered Thai food via the Skip app to be delivered to her Surrey mobile home.
"When the defendant Doe approached the plaintiff, the plaintiff could smell alcohol," the lawsuit said.
"The defendant Doe handed the plaintiff the bag of food that she had ordered. The defendant Doe then grabbed the plaintiff's left wrist, pulled the plaintiff towards him to hug her and attempted to kiss her multiple times on the lips."
Crellin said that she tried to break free from the grip and the defendant tried to kiss her on her hair.
"The defendant Doe made multiple attempts to hug and kiss the plaintiff," the lawsuit said. "The plaintiff kept trying to pull away but the defendant Doe would not release his strong grip to the plaintiff's left wrist."
Crellin said she eventually was able to escape and she ran to her van, where she locked herself inside.
"The defendant Doe stayed at the plaintiff's residence, hanging around for a few minutes following the assault, while the plaintiff remained in her locked vehicle," the lawsuit said.
Crellin said that she then reported the assault to police and to Skip.
The defendant Doe allegedly texted the plaintiff the next day, although the lawsuit does not provide the content of that alleged text message.
Crellin said she is suing Skip because the defendant was representing both himself and acting as an agent for Skip.
"The defendant Doe was hired by Skip to deliver food and handle the required tasks assigned to him by them," the lawsuit said.
Crellin listed 13 different harms from the alleged sexual assault. That list included an injury to her left wrist, anxiety and loss of emotional and mental health, mental distress, emotional trauma, loss of confidence, inability to work, insomnia, depression, post-traumatic stress disorder among other harms.
She alleged that the company should have done more to ensure that its driver would act appropriately. Crellin added that it "failed to take reasonable steps to prevent the foreseeable harm to the plaintiff."
The lawsuit said that Skip's guide for delivery drivers states that there should be "no unwanted physical contact."
None of the allegations has been proven in court.
Skip has yet to file a response to the notice of civil claim. BIV emailed Skip on May 21, asking for a comment on the lawsuit but did not get a response.
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