Lawsuit could make designated drivers liable for intoxicated passengers
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Woman, who leapt from moving car during domestic dispute, sues driver
Kirk Makin
Toronto — From Saturday's Globe and Mail Published on Friday, May. 28, 2010 7:13PM EDT Last updated on Friday, May. 28, 2010 7:14PM EDT
A lawsuit launched by a woman who leapt from a moving car during a domestic squabble may make people think twice about being a designated driver.
The lawsuit, on its way to trial, could make designated drivers liable for intoxicated passengers who cause themselves harm.
The plaintiff, Inga Richardson, jumped out of a moving car at the crescendo of a fight with her common-law spouse. She suffered grave brain damage and injuries to her entire body after bouncing along the pavement of a three-lane artery in Oshawa, Ont.
Her lawyers – David MacDonald and Adrienne Kirsh – allege in a statement of claim that Ms. Richardson’s partner, Joey Sanayhie, ought to have supervised her copious consumption of alcohol at a party that night and prevented her from harming herself on the way home.
They contend that Mr. Sanayhie knew that Ms. Richardson had once leapt from a moving boat after she became agitated, and that he ought to have “restrained” her when similar circumstances arose on Nov. 24, 2007.
“He created a situation of emergency, danger and a trap for Inga Richardson from which, despite all precautions, she could not extricate herself,” they said.
Mr. MacDonald said Friday that Mr. Sanayhie still lives with Ms. Richardson and helps provide her with 24-hour-a-day care. Ms. Richardson suffers from headaches and dizziness, fatigue, blurred vision, permanent disfigurement and profound physical and emotional shock.
Designated drivers play a vital role in society, Mr. MacDonald said, but they must act responsibly. This includes paying heed to inside knowledge about a passenger’s potentially self-destructive behaviour, he said.
However, Mr. Sanayhie’s lawyers – John J. Adair and Greg Abogado – maintain that individuals will not agree to be designated drivers if they can be found legally liable for the misdeeds of their passengers.
“It is one thing to undertake to drive a few intoxicated friends,” they said in a statement of defence. “It is quite another altogether to be charged with supervising the same friends all night to ensure that they do not become intoxicated and remain safe at all times.”
In an interview, Mr. Adair said that the courts have repeatedly asserted that, while individuals have the right to make autonomous choices, they cannot simply blame others for their poor judgment.
“If designated drivers are required not only to remain sober themselves, but also to be responsible for their passengers’ level of sobriety, no person would ever agree to be a designated driver and perform this important function,” he said. “This is a development that clearly would not be in the public interest.”
Earlier this week, Mr. Sanayhie won a partial victory when Judge Edward Belobaba of Ontario Superior Court threw out a portion of Ms. Richardson’s claim. He ruled that a designated driver cannot be held responsible for how his passengers behave at a social event, prior to getting into a vehicle.
However, Judge Belobaba said that the critical question of whether Mr. Sanayhie was responsible for ensuring Ms. Richardson’s safety on the way home will be decided at a trial.
Mr. Adair said that it will change the law dramatically if his client is found to have had a duty to take positive steps to protect Ms. Richardson. “Such a duty could have a significant impact on the relationship between drivers and their passengers,” he said.
Mr. Adair said that anyone who agrees to drive another home - not only squabbling spouses - might be obliged to bodily strap passengers down to prevent them hurting themselves.
end
Article Link
Woman, who leapt from moving car during domestic dispute, sues driver
Kirk Makin
Toronto — From Saturday's Globe and Mail Published on Friday, May. 28, 2010 7:13PM EDT Last updated on Friday, May. 28, 2010 7:14PM EDT
A lawsuit launched by a woman who leapt from a moving car during a domestic squabble may make people think twice about being a designated driver.
The lawsuit, on its way to trial, could make designated drivers liable for intoxicated passengers who cause themselves harm.
The plaintiff, Inga Richardson, jumped out of a moving car at the crescendo of a fight with her common-law spouse. She suffered grave brain damage and injuries to her entire body after bouncing along the pavement of a three-lane artery in Oshawa, Ont.
Her lawyers – David MacDonald and Adrienne Kirsh – allege in a statement of claim that Ms. Richardson’s partner, Joey Sanayhie, ought to have supervised her copious consumption of alcohol at a party that night and prevented her from harming herself on the way home.
They contend that Mr. Sanayhie knew that Ms. Richardson had once leapt from a moving boat after she became agitated, and that he ought to have “restrained” her when similar circumstances arose on Nov. 24, 2007.
“He created a situation of emergency, danger and a trap for Inga Richardson from which, despite all precautions, she could not extricate herself,” they said.
Mr. MacDonald said Friday that Mr. Sanayhie still lives with Ms. Richardson and helps provide her with 24-hour-a-day care. Ms. Richardson suffers from headaches and dizziness, fatigue, blurred vision, permanent disfigurement and profound physical and emotional shock.
Designated drivers play a vital role in society, Mr. MacDonald said, but they must act responsibly. This includes paying heed to inside knowledge about a passenger’s potentially self-destructive behaviour, he said.
However, Mr. Sanayhie’s lawyers – John J. Adair and Greg Abogado – maintain that individuals will not agree to be designated drivers if they can be found legally liable for the misdeeds of their passengers.
“It is one thing to undertake to drive a few intoxicated friends,” they said in a statement of defence. “It is quite another altogether to be charged with supervising the same friends all night to ensure that they do not become intoxicated and remain safe at all times.”
In an interview, Mr. Adair said that the courts have repeatedly asserted that, while individuals have the right to make autonomous choices, they cannot simply blame others for their poor judgment.
“If designated drivers are required not only to remain sober themselves, but also to be responsible for their passengers’ level of sobriety, no person would ever agree to be a designated driver and perform this important function,” he said. “This is a development that clearly would not be in the public interest.”
Earlier this week, Mr. Sanayhie won a partial victory when Judge Edward Belobaba of Ontario Superior Court threw out a portion of Ms. Richardson’s claim. He ruled that a designated driver cannot be held responsible for how his passengers behave at a social event, prior to getting into a vehicle.
However, Judge Belobaba said that the critical question of whether Mr. Sanayhie was responsible for ensuring Ms. Richardson’s safety on the way home will be decided at a trial.
Mr. Adair said that it will change the law dramatically if his client is found to have had a duty to take positive steps to protect Ms. Richardson. “Such a duty could have a significant impact on the relationship between drivers and their passengers,” he said.
Mr. Adair said that anyone who agrees to drive another home - not only squabbling spouses - might be obliged to bodily strap passengers down to prevent them hurting themselves.
end
