St. John’s, NL (May26th, 2016) — Plaintiffs in the Moose-Vehicle Class Action are reviewing their options in the wake of the court appeal decision to reject their appeal.
St. John’s lawyer Ches Crosbie argued to a panel of three Appeal Court judges in January 2015 that the trial decision should be reversed and the case sent back to trial based on legal errors by the trial judge.
“The higher court agreed that the trial judge erred, and the traveling public does have a prima facie right to be unmolested by highway moose”, ” said Ches Crosbie, lawyer for victims of moose-vehicle collisions. “But they also ruled that as between the victims of moose-vehicle collisions and the government, it is fair that the financial burden of personal injury should fall on the traveling public.”
Mr. Crosbie stated that it is still open to Premier Ball and government to provide compassionate compensation to the dozen or so people, such as class representative Ben Bellows, who suffered severe spinal cord and brain damage in moose collisions. He called on the Premier to provide help to the most deserving. ” It may be sound law to say that the risk fairly falls on travelers, but when the result of the risk is paralysis, is it sound policy for a compassionate government to just say ‘tough luck’?”
The Moose-Vehicle Class Action was filed in January, 2011 and the class action certified in July, 2011. Trial started in April, 2014 and closing arguments took place May 27th, 2014. The trial judge’s decision filed in September, 2014 dismissed the class action lawsuit.
For further information:
Patient Injury Law