P.E.I. Supreme Court denies motion to dismiss lawsuit for 2013 death of stock car driver
CHARLOTTETOWN, P.E.I. — P.E.I.’s supreme courtroom has denied a request to dismiss a lawsuit in relation to the dying of a New Brunswick inventory automobile driver in 2013 in Oyster Mattress.
In a decision published June 28, Chief Justice Tracey Clements mentioned the courts wouldn’t grant judgment in favour of the defendants – Oyster Mattress Speedway, Maritime Professional Inventory Tour and Shaw’s Towing Service – after they requested a lawsuit made by the widow of the late Riverview, N.B., inventory automobile driver Robert Michael Stevens, be dismissed.
Within the determination, it mentioned the defendants argued that waivers signed by Stevens releasing them of fault for injury or harm would bar his widow, Sharon Stevens, from taking motion in opposition to them.
Nevertheless, Clements mentioned whereas the waivers would have saved Stevens from taking motion in opposition to the monitor and race organizers, they don’t do the identical for his dependent, as outlined in a previous P.E.I. Courtroom of Appeals case.
“The choice in (Donovan v. Queens County Residential Services, 2016), binding on this courtroom, addresses the spinoff concern earlier than me: the waivers and launch paperwork executed by the deceased don’t preclude a declare by the deceased’s dependents,” she mentioned.
The choice additionally mentioned the defendants argued the voluntary assumption of danger taken on by Stevens collaborating within the race would bar Sharon’s declare beneath the Deadly Accidents Act. Nevertheless, Clements mentioned that, too, would additionally not bar Stevens’ widow from taking motion.
Steven’s widow initially filed the lawsuit in opposition to the three corporations in June 2015, looking for damages for her husband’s dying, which she blamed on a “botched rescue mission” by monitor officers, race organizers and the Shaw’s employees on web site that day.
On Aug. 3, 2013, then 30-year-old Stevens was concerned in an accident in the course of the 98th lap of a 100-lap race on the monitor which left his automobile flipped on its roof. Whereas he wasn’t injured from the preliminary accident, the driving force died of suffocation after his security harness was launched whereas he was nonetheless the other way up.
The choice notes the important thing level of disagreement between Stevens’ widow and the defendants is what came about after the accident – the defendants allege Stevens launched his personal security harness whereas the other way up, whereas Stevens’ widow alleges his harness was reduce, one thing he couldn’t have performed on his personal.
Clements mentioned the matter will probably be “put again into case administration to find out applicable future steps.
Cody McEachern is a reporter with the SaltWire Community in Prince Edward Island. He could be reached by e-mail at [email protected] or adopted on Twitter @CodyInHiFi.
