Whitehorse Daily Star

Court hears of fight that badly hurt woman

A case over who will pay for a woman's medical costs from 2003 is scheduled to wrap up in Yukon Supreme Court today after a week-long trial.

By Whitehorse Star on February 15, 2007

A case over who will pay for a woman's medical costs from 2003 is scheduled to wrap up in Yukon Supreme Court today after a week-long trial.

Lenora Minet, a former resident of Teslin, and the Alberta government filed the civil action against Norbert Kossler in 2004, arguing for damages to cover her medical costs.

It argues that fractures to her facial bones, a fractured skull, brain injury, loss of vision, lacerations, memory problems and seizures are part of the long list of medical problems experienced by Minet.

Testimony has been heard from numerous witnesses over the past three days about the fight between Kossler and Minet.

On Thursday, Ron Fortin, a former manager of the motel which was owned by Kossler, told the court he tried to stop the incident.

On June 19, 2003, when Fortin and his wife were staying in a staff residence at the motel, his father-in-law saw two people fighting outside.

Fortin looked out to find it was his boss Kossler and Minet, who he knew as a customer at the restaurant and had been informed Kossler was having a relationship with. While Fortin attempted to stop the fight and had some initial success, it eventually continued.

'I became a third party in a two-party problem,' he testified.

Kossler handed Fortin a cordless phone, telling him to call police. After asking the RCMP to get there as quickly as possible, the argument between the two continued, with persistent pleading and demanding from Minet. It was obvious Minet wanted something from Kossler but Fortin could not understand what it was.

'He just wanted her to leave the premises,' Fortin said of Kossler.

As the fight went on, Fortin recalled arms flailing and Kossler eventually getting Minet down to the ground by grinding his knuckles into her body.

Kossler stood up with Fortin also eventually standing, and the two continued to grapple as Kossler's wife, Helga, watched from their home next door. Flower beds from the porch of the house had also been ripped out of place and pulled down in the altercation, the court heard.

Finally, Kossler picked up a bike that was on the lawn and pushed it onto the road in an effort to get Minet to take the bike and leave.

She kept coming toward Kossler though. Fortin said he turned around, but out of the corner of his eye saw Kossler strike Minet.

'It was a very hard strike,' he said, comparing the sound to a pumpkin getting hit with a two-by-four.

'It had a hollow sound,' he said.

Minet fell to the ground. Though she was dazed, Kossler could see she wasn't unconscious.

Obviously hurt, Minet pleaded for someone to help her. She staggered toward the house, where Fortin and his wife were staying, sitting on the front steps.

Kossler and Fortin then tried to get her to stand up.

By the time police showed up, Minet had left, with the RCMP then driving around to find her and saying they'd be back to take a statement.

During cross-examination by Kossler's lawyer, Andre Roothman, Fortin reiterated that he and his wife's relationship with Kossler was kept to a professional level, though it did become strained toward the end of the 2003 motel season.

Fortin noted it started becoming difficult due to Norbert's lifestyle, which Fortin believed to be Norbert's drug use. Roothman also questioned whether another situation may have caused the breakdown.

Roothman pointed to a situation where Fortin had cashed a cheque for a customer. Without a full $2,000 available, the customer had been set to come back to pick up the remainder later.

Eventually, a person claiming to be a friend of the customer came and told Fortin he had been sent to get the cash. Fortin gave him the money, only to have the customer come in later for it, the court heard.

Fortin agreed that situation probably aggravated the already-strained work relationship.

While Fortin also told the court of a conversation he had with Kossler over Kossler's drug use, Roothman put it to him that the conversation was actually concerning an argument Kossler had with his wife over his relationship with Minet. Kossler then raised the issue of Minet's drug use, Roothman suggested to Fortin.

Fortin countered that he was telling the court what he remembered, that it was about indeed about Kossler's own drug use.

As the hearing continued into Thursday afternoon though, Kossler's wife, Helga, testified she wasn't aware of any such conversation or incident with Fortin like that.

She did, however, recall the fight between Norbert and Minet, stating that before Minet showed up at their house, Minet had called Norbert asking him to come see her because someone had beaten her up.

Norbert refused and Helga called Minet back to tell her not to call the house anymore, having recently changed the number because of Minet's numerous phone calls during the affair Norbert had with her. Minet showed up at the house banging on the door.

While Minet had testified earlier in the case that she was simply knocking on the door, Helga continually stated it was louder than that.

'Was knocking, no,' she told the court. 'It was really loud.'

The Kosslers, along with their dog, a 'pretty protective' Rottwieler, got up after Norbert initially saw that it was Minet.

When Norbert went outside, Minet came up to him, her hands pushing him while he tried to hold her hands, Helga testified.

Helga went on to describe the fight until it essentially ended with the punch by Norbert, noting that throughout the fight, Minet continued to go after Norbert, running around Fortin to get to him.

'She was all over him, all the time,' she said.

While Fortin had told the court that Norbert handed him the phone, Helga said it was only after the punch that Norbert came into the house to get the phone and call police.

When Norbert told Minet the police were coming, she stood up from the steps where she was sitting and took off toward the motel.

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