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Canadian addict sues her drug dealer
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| Trance Nutter |
| 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.
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http://afp.google.com/article/ALeqM...tRmxCx3y8x_HzBg
I honestly don't know what to think about this one |
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| pkcRAISTLIN |
| 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 , if the drug dealer has no duty of care, how can he be held responsible? |
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| Moongoose |
| 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. |
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| Spacey Orange |
| negligently selling her illegal drugs? is there a non-negligent way of going about this? what a stupid bitch. i hate her. |
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| EvilTree |
| If you buy something that 'fell off the truck', can you sue the guy who sold to you? |
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| Beat Blog |
| 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. |
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| 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. |
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| Lilith |
lol Florida Canada :D |
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| Beat Blog |
| 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. |
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| ChemEnhanced |
| 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 |
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| inconspicuous |
| 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. |
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