Canadian addict sues her drug dealer

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-- Canadian addict sues her drug dealer

Posted by Trance Nutter on Jan-10-2008 07:31:

Canadian addict sues her drug dealer

quote:
Canadian addict sues her drug dealer over bad high, and wins

9 hours ago

OTTAWA (AFP) � A Canadian woman won a civil suit against her drug dealer for selling her addictive street drugs that landed her in hospital after an overdose, she said Wednesday.

A judge in western Saskatchewan province threw out the rural drug dealer's defense because he refused to reveal where he got the narcotics, and in doing so, awarded plaintiff Sandra Bergen a default victory, said court documents.

"I was frustrated with the criminal justice system because there was no real investigation (into his crimes), so I decided to try to hold him accountable through a civil lawsuit," Bergen told AFP in a telephone interview.

"I sued him for negligence ... for selling me (illegal) drugs and getting me hooked when I was vulnerable," she said of her former kindergarten friend who first offered her a free dose when she was only 13 years old.

Citing her attorney, Bergen added: "My victory sets a legal precedence (in Canada), so people can now sue their drug dealers if they want to."

After she overdosed on crystal methamphetamine in May 2004, Bergen spent 11 days in a coma and nearly died.

While hooked up to a hospital respirator because she could not breathe on her own, she said she suffered lung failure, heart failure, kidney failure, and liver failure.

"It almost killed me," she said.

In her statement of claim, Bergen alleged her dealer "knew the drug was highly addictive and was harmful to the wealth and well-being of anyone taking it," yet still sold it to her "for the purpose of making money."

In his defense, Clinton Davey said Bergen "voluntarily consumed illegal drugs, thus contributing to her own condition." "She assumed the risks," he said.

Bergen woke up from the coma on her 20th birthday and has since abandoned her seven-year drug habit, but still suffers reduced heart function and other ailments, she said.

A judge must now determine damages in the case. Bergen said she is seeking in excess of 50,000 dollars (Canadian, US). A date for the hearing has not yet been set.

http://afp.google.com/article/ALeqM...tRmxCx3y8x_HzBg

I honestly don't know what to think about this one

Posted by pkcRAISTLIN on Jan-10-2008 07:36:

Re: Canadian addict sues her drug dealer

quote:
Originally posted by Trance Nutter
I honestly don't know what to think about this one

yeah, its an interesting one!

good on her for having a go (and winning), but shit, if the drug dealer has no duty of care, how can he be held responsible?

Posted by Moongoose on Jan-10-2008 07:37:

quote:
While hooked up to a hospital respirator because she could not breathe on her own, she said she suffered lung failure, heart failure, kidney failure, and liver failure.

Clearly she also suffered brain failure.

Posted by Spacey Orange on Jan-10-2008 07:38:

negligently selling her illegal drugs? is there a non-negligent way of going about this? what a stupid bitch. i hate her.

Posted by Yohan on Jan-10-2008 07:45:

If you buy something that 'fell off the truck', can you sue the guy who sold to you?

Posted by MindP on Jan-10-2008 08:08:

Posted by Domesticated on Jan-10-2008 09:59:

quote:
Originally posted by Spacey Orange
negligently selling her illegal drugs? is there a non-negligent way of going about this? what a stupid bitch. i hate her.

lol.

Class, say hello to Maddox.

Posted by Zharen on Jan-10-2008 11:58:

Yeah, nice way of blaming someone else for your problems. You're telling me she was that stupid not to know that crystal meth wasn't harmful or addictive? What a dumb bitch. I hate her too.

Posted by Lilith on Jan-10-2008 12:02:

lol ~~Florida~~ Canada

Posted by Domesticated on Jan-10-2008 12:07:

quote:
Originally posted by Zharen
Yeah, nice way of blaming someone else for your problems. You're telling me she was that stupid not to know that crystal meth wasn't harmful or addictive? What a dumb bitch. I hate her too.

She was thirteen at the time, but still...you're right.

Posted by ChemEnhanced on Jan-10-2008 14:27:

Negligence wouldn't be difficult in a matter like this. They have to prove that the deal knew or ought to have known the drug was highly addictive and dangerous to ones health. Its safe to say there is some negligence on the dealer. That being said, there is a huge percentage of contributory negligence on the claimant...simply because she was dealing in a illegal act. If she is awarded anything it will be minimal due to the contributory negligence. She should have asked for a lot more then $50,000.00

Posted by shaw on Jan-10-2008 15:45:

quote:
Originally posted by Beat Blog
She was thirteen at the time, but still...you're right.

it's not like 13-year-olds are inherently brilliant.

Posted by Dr. DAS on Jan-10-2008 16:20:

I got a short count once...maybe I'll go to small-claims.

Posted by iammesol on Jan-10-2008 17:45:

quote:
Originally posted by Lilith
lol ~~Florida~~ Canada

my exact thoughts

Posted by Frenchie on Jan-10-2008 18:29:

abahhahaaha!

Posted by Gen3r4l1ty on Jan-10-2008 18:32:

Shame on you Canada... shame on you...

Posted by MrJiveBoJingles on Jan-10-2008 18:38:

quote:
Originally posted by Zharen
Yeah, nice way of blaming someone else for your problems.

Yeah. And a nice way to perpetuate the "one try and you're hooked" myth.

Posted by Frenchie on Jan-10-2008 18:39:

.. but..but she was vulnerable guys

*mumbleS* crack head

Posted by Dj O'Callaghan on Jan-10-2008 20:01:

Fucking waste of the courts time if you ask me.

Posted by shaw on Jan-10-2008 20:02:

quote:
Originally posted by Dj O'Callaghan
Fucking waste of the courts time if you ask me.

very little isn't.