A nursing home client is appealing against a $5,000 judgment he received for using a cat filter on her.
A federal judge in Winnipeg on Monday ordered a new trial.
“The court is disappointed that the jury did not have the opportunity to hear the case before awarding Mr. Osterman a new $5K judgment,” said U.S. Magistrate Judge Robert C. Brindley in a statement.
“In the absence of that opportunity, I will dismiss the case.”
Ostermann said in an interview with CBC News he will appeal the decision.
Ostersman was a nursing home resident in 2015 when she complained about a cat smell that prompted her to call police.
She later got a second cat filter and a third one, which she also says smelled bad.
Oesterman said the cat filter caused her headaches and pain.
She told CBC News she’s used a cat-filter for more than 30 years and never once used a filter on a human.
“I think there’s some sort of a bias against me because I’m not an African American woman,” she said.
The cat filter she used is the same one Ostermans mother gave her.
Oosterman says she was shocked to learn that her mother’s cat filter was used on her daughter.
She’s been battling the nursing home for more years.
“There’s a lot of discrimination against me, but I didn’t know that the cat filters that I was using were being used on people.
I didn of realized that,” Ostermeier said.
“So I don’t know what they think, but they’re using it on my daughter.”
The federal government is trying to find out who’s responsible for Ostermenn’s treatment at the Manitoba Nursing Home Association.
The association says its policies are not about race.
Ousterman said in her lawsuit she was told to use the filter on herself in order to relieve her of stress.
“It was my choice to use it on myself because I was very concerned about the quality of the filtration system and I was not comfortable with using the filter,” she wrote in the lawsuit.
OSTERMAN SAYS HER MOTHER’S FILTURING SYSTEM WAS NOT INCOMPATIBLE With the nursing center’s policy not in compliance with Canada’s Racial Discrimination Act, Ostermaier was told she was in breach of that policy.
“My mom was not able to take care of herself,” Ostersmaier said in the suit.
Otermann was given a $2,000 settlement from the nursing homes association.