As part of his $4.9 million lawsuit, Ben Gardiner accuses both Carleton’s campus pubs of negligence relating to a fatal car accident that killed three Carleton students in January 2008.
The lawsuit, filed last week in Ottawa, names both Carleton student associations as defendants due to their ownership of the bars, alleging the bars promote an "atmosphere" of over serving and fail to properly control the "intoxication of its patrons."
The lawsuit, which was also filed against the City of Ottawa and Grace O’Malley’s pub, amongst others, stems from a 2008 triple-fatal automobile accident, in which an SUV driven by
Mark MacDonald with Gardiner and three other students collided with an OC Transpo bus after going through a red light.
The five Carleton students were partying at various bars, including singing karaoke at Mike’s Place, before the fatal accident.
MacDonald, and passengers Brianne Deschamps and Vanessa Crawford all died as a result, while Gardiner and Monica Neacsu survived the collision.
Subsequent toxicology reports revealed that all the deceased were drinking, though police declined to say how much alcohol was found in their systems.
The plaintiff states in his statement of claim that all of the drinking establishments the group visited on the night of the crash consistently and gravely failed in the their responsibilities by allowing MacDonald to get intoxicated, and letting him leave without providing an “alternative means of transportation.”
The plaintiff also charges that the employees of the bars were “incompetent” and lacked proper training in “detection and control of intoxication” of customers.
The statement of claim alleges management failed to “establish and maintain a system” to keep track of how intoxicated customers were, especially those who staff knew would be driving after leaving.
As a result of the accident, Gardiner was severely injured, including “severe brain trauma,” spinal, spleen and rib injuries, and even a “prolonged period of post-traumatic amnesia,” the statement alleges.
When emergency services arrived on the scene, Gardiner was unconscious. In the coming days and weeks he required a host of surgeries including inserting a metal rod in his femur and he was hooked up to a feeding tube.
Gardiner spent the next eight months in hospital before being discharged in August 2008.
Gardiner is joined in the lawsuit by his sister Samantha, who alleges in the lawsuit that because of her brother’s injuries she is suffering a “loss of care, guidance and companionship.”
The Carleton Undergraduate Student’s Association has filed an intent to defend these claims. The Graduate Students’ Association would not comment on the issue.