Fatal collision spurs lawsuit
The widower of a woman who died in a Whitehorse traffic crash last year is suing the driver of the other car, claiming negligence caused the collision.
The widower of a woman who died in a Whitehorse traffic crash last year is suing the driver of the other car, claiming negligence caused the collision.
On Nov. 4, 2010, Aliesha Gitangali Narain was driving north on the Alaska Highway near the Wolf Creek Campground when a 2005 GMC truck travelling in the opposite direction lost control and the two vehicles collided, court documents say.
Narain's widower, Robert Postma, is suing the driver, Charlie James, for unspecified damages and costs.
The court documents allege James, who is from Carcross, was driving without due care and attention and at a speed that was excessive for the weather and road conditions.
The documents were filed last month.
The lawsuit goes on to allege that James' vision was impaired at the time of the crash or that he failed to wear corrective lenses.
None of these charges have been proved in court, and no documents have been filed in James' defence.
James' wife, Geraldine, who is the co-owner of the truck, has also been named in the lawsuit.
Comments (17)
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concerned on Oct 21, 2011 at 12:32 am
There are so many laws why not apply laws that make sense, sand bag's just fwd of rear axle for pick up trucks is an absolute must.
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Innocent Bystander on Oct 20, 2011 at 8:17 am
First I would like to say something to Mr. James and family. Is your first responsibility to yourself? Must you shift your weight in order to walk? Of course you must, but those who concentrate first on shifting their weight will not walk well. Just for one day put yourself in the victim's families painful lives and have a brief glimpse of what the feeling is like. If you had only paid attention to the 5 C's which are let me remind you .... Care, Caution, Common Sense, Consideration and Courtesy, this tragedy would have never occurred and Aliesha would have still been alive today.
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M.Barrow on Oct 19, 2011 at 8:27 am
To Meg V who stated that this is what "Aliesha's family want."
I doubt this is true. Absolutely they want closure but this act of a lawsuit is being pursued solely by Mr.Postma. Aliesha was the kindest most giving person. Having known her through the years, she would have been appalled at his behavior.
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Huh? again on Oct 19, 2011 at 8:27 am
Forgiveness, your posts are becoming more and more absurd. "be thankful it wasn't a drunk driver that hit them..."???? What the heck are you talking about - would the poor woman be more or less dead?
Everything you said in your last post supports the case that Mr. James used very poor judgment, cost someone their life, and will now have to pay for it. It won't and shouldn't matter if he has a family or if he's the pope. Negligence is a compensating tort.
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Meg V on Oct 18, 2011 at 1:40 pm
Firstly, I would like to say that the comments above are all based on limited information. This is not the full story.
I personally know Mr Postma very well. He is a giving and caring person, having worked for years in the community, and had a loving relationship with Aleisha. He is fully aware that they were not married, but as common law partners they had made all the same commitments to each other.
This is not about money. This is about finding out the truth and getting justice for Aleisha.
Once the truth is out, then there can be closure. This is what Mr Postma and Aleisha's family want. They just want to know what happened, and to move on. If your partner, daughter, or friend had been killed because of another persons negligence, wouldn't you want justice too?
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north of 60 on Oct 18, 2011 at 1:18 pm
"to north of 60, don't think the driver was speeding,"
That's not what I stated, nor what I 'think'. Go back, read carefully until you see what I wrote, not what you want to believe. Try to understand what "The driver was operating their vehicle faster than road conditions warranted" actually means.
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Karma on Oct 18, 2011 at 10:59 am
The laws of Karma is the greatest. No one wants to die and the defendant would not have accepted the death of his child or anyone of his family. When the shoe is on the other foot it hurts. Just put yourselves in the victims place for a change and see if you would like to be her. Her life was lost because of the careless actions of him. I hope the outcome of this trial will deter people from having a wanton disregard for human life and other road users as well. Do unto others as you would have them do unto you.
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forgiveness on Oct 18, 2011 at 2:53 am
If people are not wearing their glasses while driving, and speed is a factor, so what, then everyone should be charged for impaired driving, they should be thankful it wasn't a drunk driver that hit them and to Snow Canoe you are right, what is the reason for the law suit, he likely has to never work again in his life. Everyone talks like they were the king and queen, its sounds like all they care about is money, and that is right what about her family what do they get out of it. If Mr. Postma is making money off the law suit, maybe all Yukoners should do law suits for every accident there was that caused death, in results I hope that who ever the judge is rules in favour for the James family, and it comes back as a dry judgment.
It was snowing and raining that day, there was another accident that same day just 45 mins before hers. and yes people loose control of their vehicle while driving. No one can predict when it's going to happen. if they are nice people like people say they were, then he would not be doing this to the other family, I am sure that he's already made the James family feel bad and tell them it's their fault for causing his girlfriends death, who knew, he probably had no courtesy to go to them and say I hope your ok, and offer help to get through it. God works in many ways, and if its your time, and he feels like your time on earth here is done then it's time,
And to M. Barrow you are right, he is not her widower, to north of 60, don't think the driver was speeding, when the story came out and was on the radio, the RCMP stated it was due to freezing rain, and temperature dropping.
I don't want to be a journalist, I just wanted to comment on the law suit, and to Mr. Postma, that he should move on with his life and enjoy it, I don't think it will win in court, good luck
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Dawn on Oct 17, 2011 at 4:28 pm
Don't like this at all Charlie is a very well respected man.
Makes me mad looking at your dumb comments it's not like he was doing it on purpose but as for the suing it's purpose so point the fingers at yourself before u point at others hopefully taking money will make u happy I'm sure it already goes through his mind day and night this is just plain wrong and u know it
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Compassionate Friend on Oct 17, 2011 at 11:00 am
Aliesha was a career person and a perfectionist. She was never legally married. It is so very heartbreaking that Aliesha lost her precious life so senselessly. I totally agree with all the above comments that the facts of her tragic death at the hands of the person involved should be exposed to the public scrutiny and the maximum penalty for death caused by negligence should apply. She was a very caring, generous, unique and special person and her parents have suffered a tremendous blow which they will never recover from. Aliesha was cheated and robbed of her precious life so cruelly. Justice must be served. R.I.P. Aliesha.
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Snow canoe on Oct 16, 2011 at 6:49 am
Though I do not buy the religious nonsense used by 'forgiveness' in their attempt placate Mr. Postma, one has to wonder about Robert's motives. Aside from making money off the death of Aliesha .. what would be the reason for the lawsuit?
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M Barrow on Oct 14, 2011 at 9:03 pm
Is this information accurate? I knew Aliesha very well and know that Robert was not married to her. He is not her widower? Does he have the right to be suing Charlie James? What about her parents who cared so deeply for her? I have to agree with marlatraynor, they ARE very humble people. In my opinion this IS like "blood money." May Aliesha rest in piece
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north of 60 on Oct 14, 2011 at 4:00 pm
The driver was operating their vehicle faster than road conditions warranted, in a rear wheel drive pick-up truck with insufficient weight on the rear wheels, and with tires unsuited for road conditions.
This should have resulted in charges of negligence causing death, at the least.
The facts of this incident should be exposed to public scrutiny and any negligent behavior punished.
Hopefully family and friends will find justice in the civil courts.
I also take issue with the reporter's inaccurate description of events. The vehicle did not loose control, it's an inanimate object. The DRIVER lost control of their vehicle. If you want to be a journalist, learn how to report events accurately without interjecting your personal belief in objects possessing human powers.
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huh? on Oct 14, 2011 at 7:06 am
Dear forgiveness,
I'm sure you mean well but your argument is dumb. Why should someone be excused from their legal liability because they have a family? To say "be thankful you didn't have kids..." - are you nuts? What a horrible thing to say! You can't just let people run amok and then say blame mother nature! Shake your head!
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marlatraynor on Oct 13, 2011 at 2:23 pm
What about her family? It is their blood that was spilled. All the money in the world cannot compensate them for the loss of their child. Even though they are broken hearted they are very humble people and are very proud that their daughter contributed so much to the community which she loved with all her heart. Her parents raised her the right way and she deserves to be honored with respect and dignity. She was priceless.
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God is a myth on Oct 13, 2011 at 6:55 am
Fairy tales & forgiveness eh?
It is more about personal responsibility than cash.
If the term on his card said wear glasses and he did not...breach.
If he was speeding on icy roads...bad judgment.
Should we just put all of our lives in some mythical entity's hands and never ask folks to be responsible folk?
your right she is not coming back to the land of the living, but if we all do what you suggest?
She will have heaps of company in the alleged spirit world soon...as personal responsibility is kinda like the god you claim...unseen.
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forgiveness on Oct 12, 2011 at 1:56 pm
This is very sad that it has to come to this. I don't think it should have to do with having impaired vision, or speed. We all know when it rains and when it's freezes, no one can predict on what mother nature or what the creator has for us. And it's sad that she was a young woman who's life ended to young, but it was in god's/ creators hands, and from her past on what a good person and how much she did for her community, I don't think she would want this. No one, no $$, can replace her or anyone or bring them back to us.. we can only cherish the memories we had of them. and if you loved her dearly and honor her memory Mr. Postma, you should not pursue with this. $$ will not get revenge or piece of mind. Have you thought about what or how Mr. James went through or his wife? what if it was the other way around? How would you feel. I don't think they are to blame or at fault, it was mother nature and in the hands of god. Be thankful you didn't have kids, where I am sure that Mr. and Mrs. James has a family... I wish you well Mr. Postma and this will not bring her back, and what ever it is your looking for, you won't find it until you have accepted that she is never coming back. And if you win this, it will not make you feel any better, it will make you more miserable. so stop looking for her. i hope you reconsider on doing this and think about how this will affect the family. Money is a terrible thing. You either have it or don't have it.. or we sometimes beg for it...