Canada: Parents, estate of Grand Manan fisherman killed in New Year's crash sue drunk driver - - PressFrom - Canada
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Canada Parents, estate of Grand Manan fisherman killed in New Year's crash sue drunk driver

18:05  29 november  2019
18:05  29 november  2019 Source:   cbc.ca

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Daniel Richard Greene, 21, of Grand Manan is charged in connection with a New Year ' s morning crash that killed fisherman Derek Patey. Greene is charged with impaired driving causing death, operating a vehicle with a blood alcohol level over the legal limit causing death and failing to stop at

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The parents and estate of a 29-year-old Grand Manan fisherman who was killed by a drunk driver on New Year's Day, 2018 are suing the man convicted in his death for alleged negligence.

Daniel Greene, 23, was sentenced last month to four years in prison after being found guilty of impaired driving causing the death of Derek Patey, and being in a fatal motor vehicle crash while having a blood-alcohol level above the legal limit.

Greene's Chevy Silverado pickup truck smashed into the rear of the all-terrain vehicle Patey was operating on Route 776 near Seal Cove around 3 a.m.

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Greene's estimated blood-alcohol level at the time of the crash was between 152 mg and 182 mg of alcohol per 100 ml of blood, experts testified. The legal limit is 80 mg per 100 ml.

Patey's parents, who live in Yarmouth, N.S., and Patey's estate allege the fatal collision was caused solely by Greene's negligence.

His ability to operate a motor vehicle was impaired by drugs and alcohol, and he was driving more than twice the legal limit at the time of impact, they argue in their statement of claim, filed with the Court of Queen's Bench in Saint John.

In addition, they argue Greene:

  • Drove "with undue care and attention."
  • Followed an ATV at "an unsafe" distance.
  • Failed to take evasive action to avoid the ATV.
  • Failed to "keep a proper lookout."
a man standing in a room: Derek Patey provided financial assistance and 'valuable services' to his parents before he was killed on his ATV, according to the statement of claim. © Provided by cbc.ca Derek Patey provided financial assistance and 'valuable services' to his parents before he was killed on his ATV, according to the statement of claim.

Patey, in the years before his death, provided financial assistance and "valuable services" to his father Russell, who is physically disabled, and his mother Shirley, who works as a cashier, according to the statement of claim.

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Patey's estate, meanwhile, incurred funeral and burial expenses, and the ATV he was driving was a total loss.

The plaintiffs are seeking special and pecuniary damages, punitive and exemplary damages, interest, costs and any other relief the court deems reasonable.

A statement of defence has not yet been filed.

Greene's truck was travelling an estimated 176 kilometres an hour about 1½ seconds before it collided with Patey's ATV, the Saint John courtroom heard during the trial. The truck hit with such force that Patey was trapped beneath the engine block.

Patey died at the scene.

The speed limit on that stretch of road was 80 km/h.

During sentencing, Court of Queen's Bench Justice Deborah Hackett had said it was important to send a message of denunciation and deterrence.

Patey's father told CBC News at the time he was "very disappointed."

"Four years for killing someone? That ain't very good," he had said outside the courthouse.

"As far as I'm concerned, he didn't kill my son, he murdered my son."

Patey's mother said the loss "just tears your heart apart."

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