EDMONTON — An Edmonton woman is suing a Mexican resort owner and the company who sold her the all-inclusive vacation after she drank caustic cleaning fluid left in a water bottle in her hotel room fridge.

According to a statement of claim filed in the Court of Queen’s Bench on Feb. 7, Kerry Toews suffered life threatening injuries and had to be airlifted to Edmonton. Surgeons removed her esophagus, she continues to need regular surgical procedures to dilate her throat, and cannot work.

On Jan. 14, 2009, Kerry and her husband Todd Toews bought an all-inclusive vacation for them and their two daughters from Signature Vacations. It included airfare and seven nights at the Palladium Vallarta Resort & Spa in Puerto Vallarta, Mexico. Signature Vacations is owned by First Choice Canada, the company that also owns SelloffVacations.com.

The family arrived at the resort Feb. 7, 2009. On Feb. 9, they spent the day at the beach, and when they came home in the evening, Toews, 38, took a water bottle out of the mini fridge in their room. According to the claim, the bottle contained a clear liquid that looked like water, but when Toews drank it, her mouth and throat started to burn “creating a life threatening medical emergency.”

She was airlifted to Edmonton the next day and was hospitalized until March 7. Doctors tried several procedures to save her esophagus, but removed it on Aug. 19.

Toews alleges she developed depression and post-traumatic stress disorder from the incident. She also says she experienced “dumping syndrome,” which causes food to pass too quickly through the stomach, leading to severe weight loss, lethargy and fatigue.

She was previously employed as a payroll administrator. But, says the claim, “as a result of the injuries suffered, the Plaintiff Kerry Toews has been rendered totally disabled from her employment. ... Each and every aspect of her life has been adversely affected, including her ability to perform housekeeping, yard and home maintenance and parental duties.”

Toews claims the resort failed to train their workers in how to handle toxic liquids or to properly supervise them.

She also says Signature Vacations misrepresented the resort when they called it a “Four star plus” property and a “long time Signature Vacations favourite.”

She claim Signature Vacations failed to inspect the resort before promoting it to its customers, and failed to take any care to ensure its customers would be reasonably safe on the property.

She is suing for $4 million to cover loss of earnings, pain and suffering, and punitive damages.

A statement of defence has not yet been filed. Neither side has had a chance to defend their positions in court.

estolte@edmontonjournal.com