Pubdate: Tue, 08 Jan 2008
Source: StarPhoenix, The (CN SN)
Copyright: 2008 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author: Chris Purdy
Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada)

WOMAN SUCCESSFULLY SUES DRUG DEALER

A woman who overdosed on crystal methamphetamine in rural 
Saskatchewan has successfully sued the man who gave her the drug, 
likely making it the first court win of its kind in the country.

"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 incident in her hometown of Biggar in 2004.

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

Bergen and her parents, Stan and Georgina, 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 does public speaking events 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 basically 
finds him in default. A hearing will now be scheduled to determine 
what amount the court will award.

Bergen learned about the win Monday from her lawyer.

"It means we've effectively won. We proceed as if we were never 
opposed," said Bergen's lawyer, Stuart Busse.

Busse says he could not find another such decision in his research.

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

Busse 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.

"As a general rule, you don't rat," said Busse.

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

Bergen said that's not the case. She gave him $40 for the meth even 
though the cost was $30. Already suffering from the sweats and hand 
pain of a heart attack, she was feeling too ill to demand the change.

An addict since 18, Bergen said she hadn't smoked meth for about 
eight months when Davey offered her the drug that night. She was weak 
and upset about having to testify in an upcoming sexual assault trial.

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

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

Davey, with no current address, may not have much money, said Busse. 
But his assets can be seized.

"The point is he caused this problem, and he should have to pay," Busse said.

Bergen said she doesn't expect much money but hopes to get enough to 
cover her legal expenses.

The purpose of the suit was to hold Davey accountable, she said, and 
put some fear into the drug trade.

"If you can take the financial gain away from them, drug dealing is 
not going to be that appealing."

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

Busse said he has already spoken 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.
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