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A Saskatchewan woman has won a precedent-setting lawsuit against the drug dealer who sold her a near-fatal overdose of crystal meth.
Sandy Bergen, 23, accused her former kindergarten classmate, Clinton Davey, of selling her the drug in the town of Biggar, Sask., in 2004. In her statement of claim, she said Mr. Davey knew the drug was highly addictive and harmful, and sold it not only for profit, but to intentionally inflict physical and mental suffering.
She also named as a defendant the unknown John Doe who supplied Mr. Davey with his drugs. When Mr. Davey refused to reveal the name of his supplier during the pretrial discovery process - and faced the threat of a contempt-of-court charge - he consented to have his statement of defence struck, effectively admitting his liability and handing victory to Ms. Bergen.
Another hearing will be held to determine how much she will be awarded in damages.
"It's a precedent-setting lawsuit and I'm really happy," Ms. Bergen said. "Now drug dealers can be held liable in that they could lose all their assets and all the money they make from selling drugs."
Her lawyer, Stuart Busse, said the result is satisfying, but added it's unfortunate the case wasn't decided on its merits with written reasons handed down by a judge.
The incident occurred in May, 2004, when Ms. Bergen was 19. She met up with Mr. Davey and went with him to his grandmother's house to smoke drugs.
"We were smoking [the crystal meth] and all of a sudden it felt like I was stabbed in the brain with a pencil - a really bad, sharp pain in the head, and I was sweating profusely, it was hard to open and close my hand. I started vomiting and coughing up blood," she said.
When the case returns to court, she will be seeking damages in excess of $50,000, according to her statement of claim.
Woman wins lawsuit against drug dealer
Globe and Mail
January 9, 2007
http://www.theglobeandmail.com/serv...l09/BNStory/National/home?cid=al_gam_mostview
Sandy Bergen, 23, accused her former kindergarten classmate, Clinton Davey, of selling her the drug in the town of Biggar, Sask., in 2004. In her statement of claim, she said Mr. Davey knew the drug was highly addictive and harmful, and sold it not only for profit, but to intentionally inflict physical and mental suffering.
She also named as a defendant the unknown John Doe who supplied Mr. Davey with his drugs. When Mr. Davey refused to reveal the name of his supplier during the pretrial discovery process - and faced the threat of a contempt-of-court charge - he consented to have his statement of defence struck, effectively admitting his liability and handing victory to Ms. Bergen.
Another hearing will be held to determine how much she will be awarded in damages.
"It's a precedent-setting lawsuit and I'm really happy," Ms. Bergen said. "Now drug dealers can be held liable in that they could lose all their assets and all the money they make from selling drugs."
Her lawyer, Stuart Busse, said the result is satisfying, but added it's unfortunate the case wasn't decided on its merits with written reasons handed down by a judge.
The incident occurred in May, 2004, when Ms. Bergen was 19. She met up with Mr. Davey and went with him to his grandmother's house to smoke drugs.
"We were smoking [the crystal meth] and all of a sudden it felt like I was stabbed in the brain with a pencil - a really bad, sharp pain in the head, and I was sweating profusely, it was hard to open and close my hand. I started vomiting and coughing up blood," she said.
When the case returns to court, she will be seeking damages in excess of $50,000, according to her statement of claim.
Woman wins lawsuit against drug dealer
Globe and Mail
January 9, 2007
http://www.theglobeandmail.com/serv...l09/BNStory/National/home?cid=al_gam_mostview
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