Justice's decision in damages trial some time away
It will be June at the soonest before Yukon Supreme Court Justice Ron Veale hands down a decision on whether Norbert Kossler will have to pay damages for injuries from a fight in 2003.
It will be June at the soonest before Yukon Supreme Court Justice Ron Veale hands down a decision on whether Norbert Kossler will have to pay damages for injuries from a fight in 2003.
After a week of testimony in the case, lawyers for Kossler and Lenora Minet, who launched the lawsuit, wrapped up their cases Friday afternoon.
Over the course of the week, Veale heard that in June 2003, Minet showed up at Kossler's house in Teslin asking for the keys to his vehicle. She started fighting with him, with Kossler trying to hold her off.
When one of the Yukon Motel staff came out of his residence nearby and stood between the two, Minet went around and Kossler hit her in the face. The court also heard that Minet required extensive surgery.
The province of Alberta, where Minet received medical attention, is also suing Kossler for the recovery of about $40,000 in medical costs.
Kossler's lawyer, Andre Roothman, pointed to inconsistencies in Minet's testimony earlier in the case on issues over the number of phone calls she placed to Kossler's residence before she went over there at night, the amount of alcohol she drank and the time she drank it in, and when she stopped using drugs and alcohol, among other issues.
'It was internally inconsistent,' he said.
There was also conflicting evidence between herself and Dr. Rao Tadepalli, Roothman said. He pointed out that while Minet had stated her nose was broken in 2003, Tadepalli said it was on another occasion she had a broken nose.
There's also a question, Roothman said, of how much Kossler could be liable when Minet used cocaine before the fight, which could have impacted her injuries. Alcohol abuse could also affect recovery, he said.
It was also learned during the trial that seizures Minet was claiming damages for could also be caused by alcohol and drug withdrawal. Alcohol has been shown to lessen the effect of dylantin, a prescription drug used to deal with seizures.
'She's played a major role,' Roothman said of Minet in her recovery.
In the fight itself, the lawyer argued, Kossler only punched her after Minet continued to persist in going after him. At the time, Kossler also didn't have his glasses on and couldn't see.
In Roothman's submission, the punch and the amount of force used were reasonable in the circumstances.
Minet's lawyer, David Huculak, argued that Kossler could have continued to deal with Minet as he had been through the first part of the fight, by simply holding her back.
'He did not need to punch her,' he said, adding that any sort of self-defence argument fails in this case.
Huculak pointed to case law in making his arguments for damages of more than $100,000.
He also argued that there was nothing established to show Minet's cocaine use made her nasal structure more susceptible to a punch, he said.
Huculak is also arguing for damages around his client's loss of income, losing her housekeeping capabilities, and other damages.
The damages incurred were like those of being hit by a hammer, he said, pointing to Tadepalli's testimony.
While the Alberta government is also claiming for damages, both lawyers agreed to make written submission on that later.
Veale indicated his decision will be handed down in writing, likely in June.
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