Author Topic: Canadian Woman Sues Drug Dealer, and Wins! (By Default) (Read 106 times)

es-jay · « **on:** January 10, 2008, 09:23:37 AM »

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.

Source: http://ca.news.yahoo.com/s/afp/080109/canada/canada_court_drugs_trafficking