The family of a Calgary man killed in an alleged drunk driving crash has launched a lawsuit against the suspected impaired motorist.

In the claim, filed Thursday in Court of Queen’s Bench by their lawyer, Clint Suntjens, the parents and surviving siblings of Francis Pesa seek in excess of $4.8 million.

And along with naming the other driver as a defendant, the claim also names Kulwinder Singh Chohan’s employer in the lawsuit.

Their statement of claim alleges Top & Best Stucco Inc. is vicariously liable, because Chohan was allegedly behind the wheel of a company truck at the time of the New Year’s Day crash.

The claim alleges Chohan negligently lost control of a 2010 Dodge Ram while driving southbound on Metis Tr. N.E. around 6 p.m. on Jan. 1 and crossed into the northbound lanes.

Pesa, 20, was driving a 2011 BMW at the time and was struck head on.

He died of his injuries five days later.

The lawsuit also names two currently unknown defendants listed on the statement of claim as XYZ Corporation and John Doe.

Suntjens said he is seeking to identify anyone who may have provided excessive amounts of booze to Chohan making them potentially liable as well.

He said the family wants to know if someone is responsible for unleashing a suspected drunk driver on the public.

“They wanted that party held accountable,” Suntjens said, adding he will be actively trying to identify them “if they exist.”

Chohan, who faces two impaired-related charges, is next due in court next week.

Statements of defence disputing unproven allegations in the claim haven’t been filed.

Source: Calgary Sun


Last updated on: 2014-04-13 | Link to this post