Fa By Brent Madry Contributing Writer THE family of a North Vancouver man killed by 2 runaway dump truck on 22nd Street last September has filed suit against the Surrey dump truck driver, his employers and the Corporation of the District of West Vancouver. In a statement of claim tiled Wednesday in B.C. Supreme Court, wieow Gisela Bjornson and her three child-2n chim Bjom Harold Bjornson was killed as a pedestrian at Marine Drive ard 22nd Stre 1 due to numerous acts of negligence. The suit, fikd under the — Family Compensation Act. secks assorted damag >< including punitive damzpges, claiming thar driver Rajdeep Singh Khosa, Harnek Singh Mann and Jasbir Singh Mann, owners of the 1988 Kenworth killer truck, and the District of West Vancouver acted in a “call ws and reckless disre- gard for the life and rights of the deceased.” Dennis Fitzpatr.x, la.wee for the Bjornson West Van, driver, trucking employers named in court action family, claims that Sour of the truck's six brakes were net in roadworthy condition and it was overloaded by five tons. “The remaining brakes of the dump truck failed and it became a runaway, that suddenly and without warming ran down and killed the deceased.” Fitzpatrick claims. Bjornson was killed while standing on a side- walk by the intersection as the runaway truck raced out of control down 22nd Street after exit- ing the Upper Levels Highway. The provinaal government and the Ministry of Transportation and Highways are not named as defendanss. The suit claims that West Vancouver officials were aware or should have been aware that heavy commercial vehicles like the dump muck have fost their brakes on “steep highways” within West Vancouver like 22nd Street, becoming run- aways and causing “heavy loss to life, limb and property.” Ficzpatrick claims that the district's own engincering staff had recommenced that heavy trucks be banned trom steep hilis such a+ 22nd Sueet, or brake check stations be installed, citing the “clear and present danger” of heaw commercial vehicles on steep hills and the pattern of some owner-operators of neglecting to prop- eriy maintain and operate their vehicles. The suit claims the district knew or caught to have known thar its failure to act on staff recom- mendations would likely lead to further loss of life, limb and property. Fitzpatrick claims that West Vancouver Cwes a legal duty of care to its citizens, which it breached. Khosa, the dump truck driver, is alleged to have driven too fast, failed to ensure his truck's brakes were properly working, overloaded the truck, failed to slow down or avoid hitting Bjornson, and failed to sound his hom or give any other warning to passersby such as Bjornsen. Khosa’s employers, the Manns, of Surrey, are cited for knowingly 2llowing Khosa, described as an “incompetent, careless person,” to operate the truck. The suit notes that Bjornson, 2 58-year-old salesman and health-care consultant, looked far- ward to many years of productive life. “He was a devoted father and enjoyed a clase, loving reia- tonship with his children,” Fitzpatrick states. BJORN Bijarnsen died after he was struck by a truck in West Vancouver. His tamily has taunched a sult. Doctor takes stand in pill-popping case By Susan Pohorski Contributing Writer NORTH Shore family physician Dr. Roderick MacGillivray described Joan Gadsby as a “chronically anxious” person who needed alcohol or pills to func- tion well. Testimony continued Wednesday and Thursday in B.C. Supreme Court in Gadsby’s medical ngligence suit against MacGillivray. The former North Vancouver District councillor alleges that MacGillivray failed to warn her of the risks of tak- ing anti-depressants, tranquil- izers and sleeping pills over a period of approximately 20 years. She claims she became addicted to the: drugs, also known as benzodiazepines, and the doctor failed to help her withdrawal fromm them. In Wednesday’s testimony MacGillivray stated — that Gadsby “had a lot of reasons to be upset and anxious” but he felt it was better for her to take a mild sedative than to drink alcohol. He said he told her not to drink while taking the drugs and advised her of alternative forms of therapy. “I attempted to send her “to psychiatrists, suggested she atrend meetings,” MacGillivray told the court. He said he ulso told her exer- cise, relaxation techniques, self hypnosis or some form of meditation might help. Gadsby’s lawyer, Shirley Khan, calculated that there were 235 prescriptions throughout Gadsby’s medical chart. “That is approximately 12,000 pills or 1.76 pills per day,” Khan said. MacGillivray testified that tis patient was on an “honor svstem” of taking pills when she needed them. He pointed to several instances through- out her medical chart when Gadsby went without any pre- scribed benzodiazepines for a month or more including one seven-month period. “I don’t think she was interested in withdrawal. She knew how to do that. She showed me by being off for months at a time,” the doctor stated. Medical records show that JOAN Gadsby takes court action. Gadsby was taken to hospital emergency rooms on several occasions when she or her family members claimed she took an overdose of pills. MacGillivray said he thought Gadsby gave false information. “I don’t think she was takin; overdoses,” MacGillivray said, pointing to the fact chat Gadsby often left the hospi- tal before medical tests could confirm the cause of tes her symptoms. He attributed Gadsby’s overdoses and attempted sui- cides to alcohol. In other testimony before Justice D.L. Clancy, Vancou- ver psychiatrist Dr. Maclor Vallance said that after he interviewed Gadsby in 1994 he would not associate her reported cognitive impair- ment with withdrawal effects. He stated that he did not consider her delusional and there were no bedside indica- tors of impaired memory. He described Gadsby as 4 “compulsive, controlled, per- fectionist” who = suffered mood swings and tended to overrate her experiences and become preoccupied with cer- tain situations. Kahn asked if the plaintiff's aicohol and drug use could have caused permanent brain damage. Vallance told the Midland Wakvyn... The RRSP Experts 365 Days A year. FLUE CHIP Tew EEO GS court her cognitive dysfunc- tion was intermittent and seemed “more characteristic of functional rather than organic impairment.” MacGillivray’s lawyer Andrea Finch also called bert Mason, owner, man- ager and pharmacist of the Northmount Pharmacy, to testity regarding auzxiliary labels on prescription drug bortles. Mason stated that Gadsby was a customer of his pharma- cy until about five years ago. Consideri Kelowna? He said that he has seen warn- ing labels on prescriptions for benzodiazepines .since 1966. He feels it is good ice to! counsel patients that “such medications may cause. drowsiness and that they should not be taken with alco- al. Gadsby first filed her suit in 1992. 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