Charlottetown man suing Ontario driver over impaired driving collision

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CHARLOTTETOWN, P.E.I. — An Ontario man who admitted to driving drunk when he struck a pedestrian after which crashed into the Water St. Fish and Chips constructing in downtown Charlottetown is being sued by the sufferer for damages.

Assertion of declare

In accordance with an announcement of declare filed on Oct. 3 in P.E.I. Supreme Court docket, the pedestrian and sufferer, Seth Drew Doyle, is suing the convicted driving offender Kyle Charles Bennington for damages, together with for ache and struggling, lack of revenue and incomes capability and previous and future prices of care. The assertion of declare doesn’t state particular quantities for damages being sought by Doyle.

The info

On Aug. 21, 2022, at round 1:50 a.m., Bennington, now 35 years previous, was driving drunk on Queen Road in Charlottetown, in accordance with the info beforehand learn in provincial courtroom in Charlottetown. Bennington turned left in his Jeep Wrangler on Water Road on the intersection. Bennington continued turning left across the nook and onto the sidewalk. His automobile struck Doyle after which crashed into the entrance entrance space of Water St. Fish and Chips. Doyle was pinned by the Jeep up towards the constructing. Bennington backed up, and in doing so, collided with one other automobile stopped on Water Road.

Charlottetown police have been on Water Road close to Nice George Road attending to a different matter after they heard Bennington’s Jeep crash into the constructing. When police arrived on the scene, Bennington was making an attempt to get out of the automobile. A big crowd of individuals had additionally gathered across the collision scene.

Bennington arrested

Bennington was arrested by Charlottetown police and later refused to supply a breathalyzer pattern. Even so, he admitted to police that he was driving drunk on the time of the incident. Bennington was in P.E.I. visiting household.

Jail sentence

On Feb. 7, Bennington acquired a one-year jail sentence for refusing a breathalyzer demand for the incident that brought on bodily hurt to Doyle, three months concurrent for property injury to the constructing, 18 months of probation and an 18-month driving ban (plus the time in jail). Bennington pleaded responsible to the costs and apologized in courtroom for his actions. He mentioned his lack of judgement and actions that evening have been one thing he was going to remorse for the remainder of his life. The sentence was a joint suggestion from Crown legal professional Lisa Goulden and defence lawyer Isaac Quinn. Goulden stayed different fees of harmful driving inflicting bodily hurt and impaired driving inflicting bodily hurt.

Decide Nancy Orr additionally granted Doyle, a Charlottetown resident, $1,490 in restitution. Bennington was additionally required to pay $32,688.90 in restitution to the constructing proprietor’s insurance coverage firm (Intact Insurance coverage) associated to prices to restore the injury brought on by the collision.

Sufferer’s accidents

The assertion of declare says that Doyle sustained extreme bodily accidents, together with to his left ankle and knee and a number of contusions. Doyle was allegedly unable to work because of his accidents and says he has undergone numerous remedies and remedy to assist along with his restoration. Doyle claims that the collision and his accidents have been the results of Bennington’s negligence and breaches of obligation.

As of Oct. 12, an announcement of defence had not been filed in P.E.I. Supreme Court docket by Bennington.

Terrence McEachern is a justice reporter with SaltWire in Prince Edward Island. He could be reached by e mail at [email protected] and could be adopted on X @terry_mcn.