A Whitehorse man is suing a local taxi firm and one of its drivers for running him over while he was crossing a street.
Vincent Charlie’s lawsuit against Binerjeet Chauhan and Premier Cabs was filed in Yukon Supreme Court on June 1. Charlie’s lawyer is Daniel Shier.
According to the statement of claim, the accident in question occurred on Feb. 8 of this year when Charlie was standing outside the Salvation Army shelter on Alexander Street.
Charlie alleges that Chauhan, who was driving the cab, deliberately struck him. His lawsuit is focusing on damages as well as alleged negligence.
According to the claim, Charlie argues several causes. He alleges that Chauhan failed to keep a proper lookout, drove without care or attention, failed to take proper steps to avoid an accident, and failed to drive in a prudent manner.
He alleges that Chauhan drove at an excessive or improper speed, drove while either under the influence of either alcohol, drugs or fatigue, and drove without effective brakes or failed to brake in time to avoid the accident.
He alleges the cab driver failed to keep control of the vehicle, drove with faulty steering apparatus and tires, failed to yield the right of way to a pedestrian lawfully walking on a sidewalk, and drove while distracted.
Focusing on Premier Cabs, Charlie argues negligence. He claims that Premier Cabs let an inexperienced or unqualified driver operate one of its vehicles.
In court documents, he says the company should have reasonably known Chauhan drove the cab in a state of drowsiness, was not informed of manoeuvering abilities and the stopping and braking of the vehicle, and that the taxi itself was defective. He claims the vehicle had not been fixed in a timely manner.
Charlie sustained several injuries, some of which he still suffers from.
He fractured his right knee, and suffered musculoskeletal injuries, laceration abrasions and contusions and psychological issues.
Medical treatment for these injuries continues. He argues that these injuries have led to an overall loss of his quality of life.
He argues that the injuries have impaired his ability to partake in domestic, social and recreational activities.
As part of his pursuit of damages, he is suing both parties over a loss of income and loss of earning capacity.
Charlie is also seeking medical costs as per the Hospital Insurance Services Act and Health Care Insurance Plan Act.