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  1. MrG
    http://news.bbc.co.uk/2/hi/americas/7180379.stm

    Thursday, 10 January 2008

    Canadian drug victim sues dealer




    A Canadian woman has successfully sued the dealer who sold her an illegal street drug that put her in a coma.


    Sandra Bergen, 23, suffered a heart attack and spent 11 days in a coma after taking crystal methamphetamine.
    Ms Bergen said Clinton Davey had known the drug was highly addictive and dangerous but sold it to make money.
    Mr Davey refused to name his source of the drug, prompting the Saskatchewan judge to reject his defence - that Ms Bergen had taken the drug voluntarily.


    Ms Bergen is seeking $50,000 (£25,000) in compensation. A date for a hearing to determine damages has not been set.
    "I sued him for negligence... for selling me drugs and getting me hooked when I was vulnerable," Ms Bergen told the French news agency AFP.

    She said she hoped her case would inspire others to sue drug dealers.

    "I think it's a different way to hit drug dealers financially and that's where it will really hurt them," she told CTV news.
    Ms Bergen and Mr Davey were friends from childhood.
    In her statement of claim, she said he "knew the drug was highly addictive" and that his dealing was not only "for the purpose of making money but was also for the purpose of intentionally inflicting physical and mental suffering" on her.
    In his defence, Mr Davey had argued that Ms Bergen "voluntarily consumed illegal drugs, thus contributing to her own condition."

    "She assumed the risks," he said.

    Ms Bergen became addicted to drugs when she was 18, CTV news said. She overdosed in 2004 in the province of Saskatchewan shortly before her 20th birthday.
    In hospital she was hooked up to a respirator. She said she suffered lung, heart, kidney and liver failure and may never be able to have children. She said she has since stopped taking drugs.

    :eek:

Comments

  1. ericsz3
    One of the most obsurd things i've heard in a long time. The defindent should have said he didnt give her the drugs also. Looks like she lucked out though. personally i see her claiming to be clean, wait for everything to be over with and then buying one of the phatest sacks imaginable.
  2. chemlove
    I don't wanna get into the legalities because I'm not a lawyer, but i have to say why can't people assume the responsibilities of their actions.

    John Quincy Adams, quotes about Law:

    Law logic -- an artificial system of reasoning, exclusively used in courts of justice, but good for nothing anywhere else.
  3. chrisn
    If she was trying to buy something much more harmless like ecstacy and he gave her meth, maybe she would have a small case. But this is just like most of America (and I guess Canada now), the concept of self-responsibility is gone. I'm unhealthy! Let's sue my drug dealer! I'm fat! Let's sue McDonalds!
  4. MrG
    No, someone you know is fat. Don't incriminate yourself !

    :laugh:
  5. aerozeppelin123
    Wow I've never heard of a case like that before...apart from the ridiculousness of suing a drug dealer when you know full well you are engaging in a black market purchase, it's not exactly his fault she got addicted is it? I mean that's like trying to sue the supermarket that sold you vodka because you became an alcoholic.
  6. crackcityrocker
    meaning that because he was unwilling to rat on his source his defense was no longer valid?
  7. LincolnV

    Wouldn't be surprised at all if someone would try this also.

    This case is ridiculous, the woman chose to buy the drugs, it's her own fault.
  8. AntiAimer
    It's like one of those cop shows where the idiot calls the cops because he got soap instead of crack.

    Things that make you go, WTF?

    But what's really sad is how now, someone can bring this case up in future cases. Drug dealers might just think twice before they get that easy sell....not.
  9. OiledMandible
    Arguably the most ridiculous thing I've ever heard. This could set such an asinine precedent depending on court outcome. Damn I'm glad this didn't happen in America. Absolutely retarded...
  10. rocksmokinmachine
    Indeed a ridiculous story, quite amusing actually!

    I wouldn't be suprised if this was a news story from North America, where one seems to be able to sue someone for just about anything. But Canada? :laugh:
  11. Olivier
    If she was trying to do something useful for the world, like donating the money to an anti-drug charity, MAYBE I'd support her frivolousness a bit more. It does not mean that I agree at all with this lawsuit, but she sounds like a self centered bitch who's brain has been screwed up because of too much meth.

    She's doing this for self gain, and it's obvious;
    "intentionally inflicting self pain and mental suffering on her."
  12. Powder_Reality
    This whole incident happened a few year ago in Biggar, Saskatchewan. I actually remember reading about it in the newspaper when it happened. I was wondering what happened with this case; as far as I'd known, nothing had really come of it. I can't believe that this is how the whole thing ended.

    Here's a CTV news article about the whole incident; it has some more details about the case:

    Ex-crystal meth addict successfully sues dealer
    Updated Wed. Jan. 9 2008 10:27 AM ET

    CTV.ca News Staff

    A Saskatchewan woman who overdosed on crystal methamphetamine has successfully won a precedent-setting civil lawsuit against the drug dealer who sold her the highly addictive drug.

    Sandra Bergen, 23, and her family launched a lawsuit against Clinton Davey in 2005 after she suffered a heart attack in Biggar, Sask. that left her in a coma for 11 days.

    She has since developed a heart condition that leaves her constantly fatigued and limits her chances of ever having children.

    In her statement of claim, Bergen said Davey knew the drug was highly addictive and the sale of the drug was "for the purpose of making money but was also for the purpose of intentionally inflicting physical and mental suffering on Sandra."

    Bergen, who says she has been drug-free since the 2004 incident, told Canada AM on Wednesday that a lack of action within the criminal justice system left her and her family frustrated.

    "We found a different way to hold him responsible through the civil justice system," she said from Saskatoon.

    An unknown drug supplier, referred to as John Doe, was also named in the suit. Davey refused to name his alleged supplier during court proceedings, prompting a judge to strike his claim of defence.

    Without a claim of defence, Davey effectively admitted his liability in the case leaving Bergen's suit unopposed.

    Bergen is seeking damages in excess of $50,000 for medical costs and legal fees. A hearing to determine how much she will be awarded in damages is scheduled for a later date.

    Bergen said she doesn't expect to gain much financially from winning the suit, but hopes the case will inspire others to sue drug dealers who profit from addicts.

    "It's bigger than me and it's bigger than this guy," she said. "I think it's a different way to hit drug dealers financially and that's where it will really hurt them."

    Bergen, who now uses her story to educate others about the dangers of drug use, said she is often judged unfairly by people who "don't know the circumstances."

    In Davy's statement of defence, he claims Bergen "did assume the risk to her person when she voluntarily ingested the illegal drugs."

    Bergen maintains she has taken responsibility for her poor choices by getting sober.

    "I think that's taking responsibility for my actions, I don't think I need to take responsibility for both of our actions. He should have to meet me half way and that's what this lawsuit was about," Bergen said.

    A drug addict since the age of 18, Bergen's overdose occurred in 2004.

    Feelings anxious about her testimony in an upcoming sexual assault trial, one in which she was the victim, Bergen smoked crystal meth with Davey at his grandmother's house. She began to experience symptoms of a heart attack shortly after.

    Statistics Canada estimates crystal meth offences increased by eight per cent last year. The drug already has a firm grip on the Prairies, where pharmacies have limited the sale of cold remedies that contain its key ingredient -- pseudoephedrine.

    Crystal meth is a relatively cheap drug to make, which has prompted hundreds of illegal, and potentially volatile, drug labs to pop up across the country.

    Police estimate an investment of $150 can produce up to $10,000 of the highly-addictive drug.

    Personally, I hope this case will inspire citizens to sue the assholes who waste our tax dollars and court time with such frivolous lawsuits and profit from the pity of others.

    We know exactly what the circumstances were: she overdosed on a drug and instead of taking responsibility for her own actions, decided to exploit the hell out of her situation and make a quick buck off of it. Ms. Bergen is quite possibly one of the phoniest "victims" I have ever seen in my life, and it appears as though the rest of the world sees right through her as well. Every person I've talked to about this case and every response on every news site/forum I've seen all agree that this is an absolutely ridiculous case and she should not have won. I guess the only people who were fooled by her were the judge and the members of the jury.

    Seriously, this whole case just makes me absolutely speechless. I'm losing faith in the Canadian judicial system more and more everyday.
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