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Sask. woman wins legal battle against drug dealer

Discussion in 'TRIBE Main Forum' started by lilnick, Jan 8, 2008.

  1. lilnick

    lilnick TRIBE Member


    Sask. woman wins legal battle against drug dealer
    Last Updated: Tuesday, January 8, 2008 | 5:49 PM CT
    CBC News
    A Saskatchewan woman who says she nearly died from an overdose of crystal meth is claiming a legal victory over the man she claims sold her the street drug.

    Sandra Bergen was suing Clinton Davey, but earlier this month a Saskatoon judge struck down his statement of defence after he failed to answer questions in a legal proceeding.

    That means Davey is not in a position to dispute liability and the case will go back to court to determine damages, Bergen's lawyer Stuart Busse said.

    Bergen says her win may be by default, but she'll take it.

    "He can't go to court now and say 'I'm not responsible,'" she said Tuesday.

    Bergen said after she overdosed on the drug in May 2004, she nearly died of a heart attack. Then 19 years old, she spent 11 days in a coma and was left with a number of long-term physical ailments.

    Continue Article

    Bergen and her parents filed their lawsuit for negligence more than two years ago, but in examinations for discovery Davey would not say where he got the drugs.

    And so, with Davey's consent, the judge threw out Davey's defence.

    A court date to discuss damages hasn't been set yet, Busse said.

    The exact amount they'll be seeking hasn't been calculated, but it will be in excess of $50,000, Busse said.

    Busse said the case sets a precedent in that it lets people know they can sue in such circumstances. The case hasn't been heard in a criminal court.

    Bergen said cash in her pocket is not really what she was after — she just wanted to show drug dealers that they stand to lose whatever they have now.

    "You know, it's a lot bigger than me," she said. "And it's a lot bigger than this particular drug dealer."

    In the meantime, Bergen is putting her life back together, telling her story through a website and speaking to students and young people, with hopes of saving them from the agony she has been through.

    Davey wasn't available for comment on Tuesday.


  2. Flashy_McFlash

    Flashy_McFlash Well-Known TRIBEr

    I'd have to try the stuff to form an opinion one way or the other so MAKE WITH IT BEFORE I PEEL YOUR SKIN OFF WITH MY BARE HANDS
  3. echootje

    echootje TRIBE Member

    I got a couple of shitty Es back at some SYROUS event a long while ago. I wonder if I can get my $10 back plus damages.

  4. Poot

    Poot TRIBE Member

    Contributory negligence something something.
  5. defazman

    defazman TRIBE Member

    hopefully this leads to better warning lables on illegal narcotics
  6. vench

    vench TRIBE Promoter

    should be a movie of the week starring Lindsay Lohan.
  7. ndrwrld

    ndrwrld TRIBE Member

    with Nick Nolte as the drug dealer.
  8. Ditto Much

    Ditto Much TRIBE Member

    I have issues with this, part of me says that if in the act of committing a crime one is injured they should not be able to sew for anything what so ever. She made the choice to break the law and buy the drugs, she made the choice to break the law and do them, she ultimately bares %100 responsibility for the results. The other part of me argues that with any product if you misrepresent it and it causes harm you should be liable for the damages regardless of the legality of the product. If I sell you a handgun legally and it blows up in your face I should be just as liable as if I sold you the same handgun illegally.


    I'm just not sure where my thoughts actually lie on this one.
  9. SneakyPete

    SneakyPete TRIBE Member

    I wonder what she's going to buy with the money?
  10. Big Harv

    Big Harv TRIBE Member

    So people who break the law should not be allowed to sew? What about crocheting?
  11. Michlerish

    Michlerish Well-Known TRIBEr

    lol, Big Harv beat me to it.

    But seriously, this is great. Seems like a small step in the direction of legalizing drugs... which is a good thing for society, IMO.
  12. Ditto Much

    Ditto Much TRIBE Member


  13. Ditto Much

    Ditto Much TRIBE Member

    ok but drugs aside should somebody be able to sue for injuries they received while breaking the law. If someone is running from the police and jumps into my yard onto something that causes them to loose a leg should I be liable for the damages. Take it in another direction, if a man gets a sexually transmitted disease from a prostitute should he be able to sue the prostitute for damages?

    Drug legalization aside (they are illegal right now) can one sue another for criminal enterprise. Should I be able to sue a partner in an illegal enterprise for breach of contract for instance.
  14. mariazmess

    mariazmess TRIBE Member

    If someone is running from the police and jumps into my yard onto something that causes them to loose a leg should I be liable for the damages.

    NO - because they are trespassing on your property. they had no business being in your yard.

    if a man gets a sexually transmitted disease from a prostitute should he be able to sue the prostitute for damages?

    YES - because he is purchasing a service where he assumes he won't get a sexually transmitted disease. - this would also be awesome in order to legalize the sex-service industry in order to regulate and treat the girls and boys who work in the industry...

    but i'm with you on the conflict between expectations regarding the services or products purchased and the illegality of these services and products... but if both the customer and the merchant are doing illegal things (buying and selling drugs) ... accountability shouldn't have to go out the window.
  15. Michlerish

    Michlerish Well-Known TRIBEr

    Your examples don't match this scenario... if someone breaks the law and happens to get you involved, unvoluntarily, than you should not be held responsible in any way.

    In this case, it was a business transaction in which the two people had some kind of contract: this amount of money for a specific product. They were both aware that it was illegal, but they voluntarily came to some kind of agreement for an exchange. If that product turns out to be, not only different than what was promised, but life threatening... someone should be held responsible.

    It's like if some psycho started distributing drugs with poison in it... he should be prosecuted somehow.
  16. rubytuesday

    rubytuesday TRIBE Member

    Prostitution isn't illegal in most parts of Canada I thought.
  17. Eclectic

    Eclectic TRIBE Member

    Umm....pretty sure it still is.
  18. Syntax Error

    Syntax Error Well-Known TRIBEr

    so what was the problem with the meth? did this woman just not know what she was doing and took too much? can't find it in the article.
  19. Michlerish

    Michlerish Well-Known TRIBEr

    You're kind of right... I think they changed the law, it's all complicated now... so that women could not be prosecuted, for the most part.
  20. Syntax Error

    Syntax Error Well-Known TRIBEr

    soliciting for the purposes is, living off the avails is. the act itself is not.
  21. Wiseman

    Wiseman TRIBE Member

    so how does a drug dealer let this shit go to court?
  22. Michlerish

    Michlerish Well-Known TRIBEr

    see? complicated :)
  23. Eclectic

    Eclectic TRIBE Member

    Ok so I can have sex with someone and pay for it.

    And me giving her money is illegal.
    Having sex for money in itself isn't but the exchange of goods and services is?
    Also asking someone to have sex for money is illegal right?

  24. thom100

    thom100 TRIBE Member

    In my opinion, illegal narcotics once deemed illegal are outside of any safe guards and government regulation, there for you as the consumer acknowledge it is a buyer be ware system.
    The punishment for the dealer should fall under normal laws for dealing, if they are knowingly selling tainted or harmful product then they should be punished for that crime separately.
  25. emiwee

    emiwee TRIBE Member

    Where is the idea that this is a step towards legalization coming from? I see it more as shifting some of the responsibility of the (failed) "war on drugs". Allowing parties to sue in these circumstances pushes it into the civil system to make persons selling drugs fear civil suits over selling blackmarket products with no quality standards.

    It's important to note that the only reason the woman "won" was because of a default judgment. The merits of the negligence suit were not assessed. I'm further worried that the reason why a default judgment was entered was because the defendant wouldn't own up to who sold him the drugs. I don't think a civil suit should be a context in which one of the parties - in order to have that party's case able to be argued - should have to name a non-party who may then be subject to criminal charges.

    And, Michlerish, women are still widely prosecuted for prostitution offences (and disproportionately more than men), and I'm unclear as to why you think laws have been changed to eliminate the prosecution of women for prostitution-related offences.

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