Canadian drug victim sues dealer
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Join Date: Jan 2005
Posts: 333
Canadian drug victim sues dealer
From BBC.com
Canadian drug victim sues dealer
Crystal methamphetamine is highly addictive
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.
'Hit drug dealers'
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
Canadian drug victim sues dealer
Crystal methamphetamine is highly addictive
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.
'Hit drug dealers'
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
Member
Join Date: Jan 2007
Location: BC, canada
Posts: 20
ridiculous.
why can't people just accept life's lessons instead of trying to blame or be compensated?
she should feel lucky to be alive. and like an idiot for suggesting the outcome was a surprise or something.
why can't people just accept life's lessons instead of trying to blame or be compensated?
she should feel lucky to be alive. and like an idiot for suggesting the outcome was a surprise or something.
remember to breathe
Join Date: Dec 2006
Location: philadelphia pa
Posts: 1,280
I agree that people need to take responsibility for their actions, but if I could sue the person that sold to my son i suely would and then give the money to shelter or even a half way house. If we could do this all the time maybe there wouldn't be so many dealers. Farfetched as it sounds.
Bridge CLOSED
Join Date: Nov 2003
Location: No ones business
Posts: 1,497
Well, my first thought is "she can't have children.. THANK GOODNESS!!!!"
After that I sort of have to laugh. Getting slapped with a $50,000 settlement wouldn't make a dent in most higher up drug dealers.. and how the heck does she expect that restitution to get paid if this guy is the end dealer? That isn't where the $$ is.
Just because someone is slapped with a civil penalty does not mean they victim ever collects.. especially if the "bad guy" is in jail.
The whole thing is bizarr and not a little idiotic!
After that I sort of have to laugh. Getting slapped with a $50,000 settlement wouldn't make a dent in most higher up drug dealers.. and how the heck does she expect that restitution to get paid if this guy is the end dealer? That isn't where the $$ is.
Just because someone is slapped with a civil penalty does not mean they victim ever collects.. especially if the "bad guy" is in jail.
The whole thing is bizarr and not a little idiotic!
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Thread Starter
Join Date: Jan 2005
Posts: 333
Gun makers are sued, Big Tobacco companies, Mcdonald for hot coffee spillage and for helping to make people fat but drug dealers for ruining and taking lives have no punitive damages to pay?
MyFox Dallas | Man Arrested on Murder Charges in Overdose Death of Teen
Irving oolice have arrested a suspect who they say supplied a 16-year-old overdose victim with the heroin that caused her death.
Authorities say Michael Puente, 19, supplied Ana Rojas with the drug.
Rojas was found unconscious by emergency crews in September of 2007 at an apartment on Pioneer Dr. She was later pronounced dead at Baylor Hospital.
Narcotics investigators determined that Puente was the supplier, and he was arrested on Jan. 10.
Puente is being held in the Irving Jail on $50,000 bond. He is charged with murder.
MyFox Dallas | Man Arrested on Murder Charges in Overdose Death of Teen
Irving oolice have arrested a suspect who they say supplied a 16-year-old overdose victim with the heroin that caused her death.
Authorities say Michael Puente, 19, supplied Ana Rojas with the drug.
Rojas was found unconscious by emergency crews in September of 2007 at an apartment on Pioneer Dr. She was later pronounced dead at Baylor Hospital.
Narcotics investigators determined that Puente was the supplier, and he was arrested on Jan. 10.
Puente is being held in the Irving Jail on $50,000 bond. He is charged with murder.
Silly Rabbit
Join Date: Dec 2006
Location: Charlotte, NC
Posts: 956
if you're an adult, you are responsible for yourself. if you make the decision to use heroin, then you make the decision to deal with the consequences. it's 2008, not 1908. kids know that you can OD, they know drugs are bad, they know better. they do. and they're adults, no matter how you slice it.
if we're not able to sue bars for drunk drivers, i don't see why you can sue dealers for ODs.
if we're not able to sue bars for drunk drivers, i don't see why you can sue dealers for ODs.
Member
Join Date: Nov 2007
Posts: 177
I sure would love to sue my AH's "buddy" who had supplied him this summer. But I am happy with the fact that he instead supplied his "buddy's" name and info to the police. This so called "buddy" also supplied to the high schools. So I told AH when he confessed to me about the drugs for 3 months that if he wanted a chance, and only one chance that he had to give the cops the info. Sounds harsh maybe but if it helped even one kid or even one family then it was worth it.
Nikki
Nikki
Living in a Pinkful Place
Join Date: May 2006
Location: Louisiana
Posts: 7,545
I can see how adults should be accountable for their own actions - but as a daughter, sister, wife, mother, and friend of addicts/alcoholics - sometimes I could be almost willing to try anything to get the message out to the entire world how devastating and how addicting this stuff can be -
Because reading about it in a pamphlet or watching some Hollywood movie is NOT the same as living it or seeing how it affects a real family that lives on your street.
so don't really have an opinion either way - just wishing, praying, hoping that somehow a message could be heard that would stop another person and their family from being devastated by this disease.
Because reading about it in a pamphlet or watching some Hollywood movie is NOT the same as living it or seeing how it affects a real family that lives on your street.
so don't really have an opinion either way - just wishing, praying, hoping that somehow a message could be heard that would stop another person and their family from being devastated by this disease.
*~10 YEARS BABY~*
Join Date: Nov 2005
Location: Hollywood
Posts: 9,369
Originally Posted by fisherpaul 
ridiculous.
why can't people just accept life's lessons instead of trying to blame or be compensated?
she should feel lucky to be alive. and like an idiot for suggesting the outcome was a surprise or something.
why can't people just accept life's lessons instead of trying to blame or be compensated?
she should feel lucky to be alive. and like an idiot for suggesting the outcome was a surprise or something.
I find it interesting when we tell others how they should feel.
*~10 YEARS BABY~*
Join Date: Nov 2005
Location: Hollywood
Posts: 9,369
I would personally not consider suing my meth dealer. But I wouldn't judge someone who did. It's not my place.
I know how dealers work, it's their "JOB" to get you hooked. That is what they do.
They work on a system to get newbies hooked and to get addicts to "Keep coming back".
That is how they stay in business. So unless you've been there you don't know.
You can say all you want, if you're an adult, you are responsible for yourself.
But addicts die everyday, why do they die, because of what drug dealers give them,
illegal drugs. Drug dealers kill people. Drug dealers give "Kids Candy" at age 13.
Big Sis's daughter was getting Meth from a DRUG DEALER at age what 13?
Tell me she should be responsible for getting hooked.
I'd sue that dealer of those girls in a heartbeat.
I know how dealers work, it's their "JOB" to get you hooked. That is what they do.
They work on a system to get newbies hooked and to get addicts to "Keep coming back".
That is how they stay in business. So unless you've been there you don't know.
You can say all you want, if you're an adult, you are responsible for yourself.
But addicts die everyday, why do they die, because of what drug dealers give them,
illegal drugs. Drug dealers kill people. Drug dealers give "Kids Candy" at age 13.
Big Sis's daughter was getting Meth from a DRUG DEALER at age what 13?
Tell me she should be responsible for getting hooked.
I'd sue that dealer of those girls in a heartbeat.
Member
Join Date: Nov 2005
Location: Anywhere,USA
Posts: 511
interesting concept...
I was 14 when I started using, way before the legal age of consent.
Of course none of the people that were "there" at the time have any money...because they are all still practicing drug addicts and alcoholics...
so it would really only be pointless and end up costing me money, as well as pi$$ing those people off.
I was 14 when I started using, way before the legal age of consent.
Of course none of the people that were "there" at the time have any money...because they are all still practicing drug addicts and alcoholics...
so it would really only be pointless and end up costing me money, as well as pi$$ing those people off.
Member
Join Date: Jun 2007
Location: on to bigger & better things
Posts: 4,122
Ok, here's my question....so if they're dealing "illegal" drugs....the money they have that could possibly pay the lawsuit is drug money right? Wouldn't that be seized the minute they word was out they were dealing in the first place? What would they have to pay the lawsuit with? I may be missing something here.....
My vote would be to just put 'em outta business. i.e. get them busted? Send 'em to jail.....besides, would a big fat settlement really give you back your "unaddicted" daughter, significant other, or whoever? No amount of "money" can do that.....what's the point? How about putting those thoughts and dollars to work in a more widespread or easier accessible treatment programs? Just some food for thought?????
My vote would be to just put 'em outta business. i.e. get them busted? Send 'em to jail.....besides, would a big fat settlement really give you back your "unaddicted" daughter, significant other, or whoever? No amount of "money" can do that.....what's the point? How about putting those thoughts and dollars to work in a more widespread or easier accessible treatment programs? Just some food for thought?????
'Round and 'Round I Go....
Join Date: Nov 2005
Location: New York, NY
Posts: 478
I don't know if this should be turned into a "who's to blame issue" and whether or not certain parties involved should be sued...
The fact of the matter is EVERYONE has the right and ability to sue whoever they want. Whether money damages can be recovered from such a lawsuit is up to the decision of the courts. Most people are reluctant to sue because they either have no time to deal with it or they don't think they will win.
If you think of it this way...If you owned a restaurant that specializes in serving blowfish, which can be poisonous if not cut correctly, and I CHOSE to eat at your restaurant then is it my responsibility and my fault if you served me some bad seafood that later causes me to become violently ill? I have prior knowledge of what can happen....where is this line drawn? Opinions don't matter...just the facts and if the facts can win your case then in the end that's what counts. I mean...look at the case of the hot coffee....who would've known?....if she had blamed herself like everyone else would've then she wouldn't have gotten all of that money. Personally, I thought it was a frivolous lawsuit but now I wish I had poured some of that coffee on myself and done the same thing.
The fact of the matter is EVERYONE has the right and ability to sue whoever they want. Whether money damages can be recovered from such a lawsuit is up to the decision of the courts. Most people are reluctant to sue because they either have no time to deal with it or they don't think they will win.
If you think of it this way...If you owned a restaurant that specializes in serving blowfish, which can be poisonous if not cut correctly, and I CHOSE to eat at your restaurant then is it my responsibility and my fault if you served me some bad seafood that later causes me to become violently ill? I have prior knowledge of what can happen....where is this line drawn? Opinions don't matter...just the facts and if the facts can win your case then in the end that's what counts. I mean...look at the case of the hot coffee....who would've known?....if she had blamed herself like everyone else would've then she wouldn't have gotten all of that money. Personally, I thought it was a frivolous lawsuit but now I wish I had poured some of that coffee on myself and done the same thing.
Silly Rabbit
Join Date: Dec 2006
Location: Charlotte, NC
Posts: 956
"drive all blames into one."
if the oven's too hot, get out of the kitchen. it's your choice (yes, even at 13-the age of reason begins for most humans around 10) to put a substance in your body, no matter what. it's your choice to eat raw eggs, snort heroin, drink alcohol, shoot meth, etc.
i'm surprised that the dealer didn't countersue the parents for not giving the child enough drug use prevention education.
if the oven's too hot, get out of the kitchen. it's your choice (yes, even at 13-the age of reason begins for most humans around 10) to put a substance in your body, no matter what. it's your choice to eat raw eggs, snort heroin, drink alcohol, shoot meth, etc.
i'm surprised that the dealer didn't countersue the parents for not giving the child enough drug use prevention education.
the girl can't help it
Join Date: Apr 2004
Location: splendraville
Posts: 5,599
Well...I have stood out in my driveway and told drug dealers that they are trespassing on my property and that if they return that I may have to take action. I have told them that I do not use crack and I do not want it being sold on my property. They seem to have gone my H seems to go meet them in a some other place place. I believe I have a right to keep trespassers off my property and to sue them if they do not comply....
Member
Join Date: Oct 2006
Location: Ohio
Posts: 13
Originally Posted by Emimily
"drive all blames into one."
if the oven's too hot, get out of the kitchen. it's your choice (yes, even at 13-the age of reason begins for most humans around 10) to put a substance in your body, no matter what. it's your choice to eat raw eggs, snort heroin, drink alcohol, shoot meth, etc.
i'm surprised that the dealer didn't countersue the parents for not giving the child enough drug use prevention education.
if the oven's too hot, get out of the kitchen. it's your choice (yes, even at 13-the age of reason begins for most humans around 10) to put a substance in your body, no matter what. it's your choice to eat raw eggs, snort heroin, drink alcohol, shoot meth, etc.
i'm surprised that the dealer didn't countersue the parents for not giving the child enough drug use prevention education.
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