Woman wins lawsuit against her drug dealer

**moneoa** · January 7th, 2008, 07:06 PM

SASKATOON -- A woman who overdosed on crystal methamphetamine in rural Saskatchewan has successfully sued the man who gave her the drug in what is believed to be the first legal victory of its kind in Canada.

"It was frustrating not having anything done through the criminal system," said 23-year-old Sandy Bergen, who has been drug- and alcohol-free since the 2004 incident in her hometown of Biggar, Sask., which is about 90 kilometres west of Saskatoon.

"Financially, I'm not really going to gain from it. But it's a way of holding him responsible."

Bergen and her parents launched the negligence suit against Clinton Davey in 2005, asking for more than $50,000 in medical costs and other damages.

Bergen suffered a heart attack during the overdose and spent 11 days in a coma. Now living in Saskatoon, she speaks at high schools about the dangers of crystal meth.

Last Friday, a Court of Queen's Bench judge in Saskatoon agreed to strike Davey's statement of defence in the case, which essentially finds him legally responsible.

A hearing will now be scheduled to determine what amount of money the court will award.

"To my knowledge, it's the first case that's gone anywhere against a drug dealer," said Bergen's lawyer, Stuart Busse.

Busse said he asked the court to strike Davey's statement of defence and find him in contempt of court for not answering questions about where he got his drugs.

The unknown drug supplier, John Doe, was also named as a defendant in the lawsuit.

In court documents, Davey said he could not remember the name of his drug supplier, although he could recall other details about the night of Bergen's overdose.

Busse said he believes Davey received threats, so he was likely fearing for his safety when he refused to answer questions about his drug supplier.

Davey did admit he gave Bergen crystal meth, but said the cash she gave him was for cigarettes, not the drug.

Davey's grandmother, Dalis Davey, was also named in the civil suit because the overdose happened in her home. But Busse said he may drop her as a defendant.

He said if the drug supplier is identified in the future, he can still be held liable.

The precedent-setting case could pave the way for similar lawsuits across Canada.

Busse said he has already talked to a woman from Nova Scotia who wants sue the drug dealer responsible for her son's overdose.

There have already been similar cases in the United States, where more than a dozen states have passed a Drug Dealer Liability Act.

http://www.canada.com/vancouversun/n...44b312&k=45702

**Hath** · January 8th, 2008, 02:35 AM

Man, thats just stupid. The dealer didn't make her take the drugs. She took them herself. Thats like suing Mcdonalds for having hot coffe. She brought the health problems on herself when she started doing meth. The results would have been the same regardless of how she obtained the drugs.

**autofrags** · January 8th, 2008, 07:49 AM

Originally Posted by Hath

Thats like suing Mcdonalds for having hot coffe.

Were you being scarcastic?, or referring to the other infamous frivolous lawsuit.

**jodoels** · January 8th, 2008, 07:54 AM

:devil2 thats what i think.she just covern up the fact that shes a daly tweek.

**Hath** · January 8th, 2008, 07:55 AM

I was referring to the other infamously stupid lawsuit. I wish I was being sarcastic.

**autofrags** · January 8th, 2008, 08:02 AM

Originally Posted by Hath

I was referring to the other infamously stupid lawsuit. I wish I was being sarcastic.

Well ,actually, think about it.she may have been stupid enough to take the drugs, but the guy didn't really explain how dangerous the drugs were.For all she knew the dealer could've been giving her deadly poison, thinking its meth. that could've land him in jail for murder.its the same as shoving the poison down her throat.

**drtoker** · January 8th, 2008, 08:13 AM

you'd think these dealers would wise up and put a warning lable on to avoid liability, thats what mc d's did. I wonder if that would hold up in court.

**autofrags** · January 8th, 2008, 08:24 AM

Originally Posted by drtoker

you'd think these dealers would wise up and put a warning lable on to avoid liability, thats what mc d's did. I wonder if that would hold up in court.

Yes, if your selling illegal drugs and get sued, giving a warning will protect you from getting sued for your illegal drugs.

**drtoker** · January 8th, 2008, 09:51 AM

no one is debating legallity, you would be charged and convicted for possession yes, but i'm talking just liability (civil, not criminal). The drugs are still illegal, but would the dealer be responsible for liability if proper warning was given and could be proved?

**autofrags** · January 8th, 2008, 09:58 AM

Originally Posted by drtoker

no one is debating legallity, you would be charged and convicted for possession yes, but i'm talking just liability (civil, not criminal). The drugs are still illegal, but would the dealer be responsible for liability if proper warning was given and could be proved?

theres no liability if the person consented and was adequetly warned about the action they are taking.

Its just when you'r a low-life drug dealer, you don't even think much of consequences anyways, but the last thing you need to worry about is someone suing you for money you may not have and giving "warnings", instead of getting busted and doing hard time.

**mungopw** · January 10th, 2008, 09:32 AM

that mcDonalds coffee is waaaay too f'n HOT! whatever it takes for em to make it reasonably hot instead of nuclear, all they did was put a warning label and keep on truckin with the HOT! coffee. btw ive stopped eating at McDonalds years ago because of the nuclear coffee, after eating the meal the coffee is still too hot to drink safely.LOL anyways just what the world needs is more litigation.

**drtoker** · January 10th, 2008, 10:56 AM

and if it wasn't so hot, there would be a slew of people bitching that when they arrived home after a while, the coffee was luke warm. Fast food places normally try to serve up hot beverages warmer then needed so that it is still a desirable temp after driving X miles letting it cool.
Not that I agree, but thats the reasoning behind the nuclear coffee.

**HelenaP** · January 10th, 2008, 10:59 AM

What's even funnier, is that anyone gives a sh*te.

**freakye** · January 10th, 2008, 11:59 AM

This is bullshit! She's putting street narcotics into her body, and then going to sue when she OD's? Can't believe that any jury would side with her.

However, the McDonalds case... I don't think that particular case was frivoulous... The coffe was hot enough to give her 3rd degree burns and MELT her genitals. I guarantee you if I bought coffee and spilled it on myself, and it MELTED my genitals, and I had to have skin grafts and debreidment treatment, I'd want a little cash too.

Facts of the case here.

**Excrement_Cranium** · January 10th, 2008, 12:34 PM

Why all the fits?

You retards afraid your friend Joey the crank dealer is gonna get busted, too?

Drug dealers are shitballs, meth users and dealers are the lowest of them.

The sentencing should include any and all dealers and/or suppliers being buttfucked by some dude with a cock the same circumference as a can of Foster's.