Oyster Bed Speedway death lawsuit may proceed, P.E.I. Supreme Court rules
CBC
Almost a decade after the death of a driver at Oyster Bed Speedway, the P.E.I. Supreme Court has ruled the widow's lawsuit against the speedway and two other defendants may proceed.
Robert Michael Stevens, 30, of New Brunswick died when his car flipped during a race at the speedway in August 2013.
His widow, Sharon Stevens, filed a lawsuit two years later alleging his death was the result of a botched rescue attempt. The statement of claim alleges "the stock car remained flipped on its roof for a prolonged period of time, leading to the suffocation and death" of Stevens.
The claim alleges the raceway and the organizer "negligently chose not to adopt adequate safety procedures."
At the time of the crash, RCMP said Stevens released himself from his safety equipment in the car while he was still hanging upside down. RCMP said the removal of the safety equipment played a role in the man's death.
Maritime Pro Stock Tour Limited of Halifax and Shaw's Towing Service are also named in the lawsuit. None of the allegations have been proven in court.
The defendants argued waivers signed by Stevens released them of any fault for damage or injury.
Justice Tracey L. Clements disagreed.
"Even if the deceased did voluntarily assume the risk, [this] does not bar the dependents' claim against the Defendants," Clements wrote.
"While I appreciate the creativity of the Defendants' argument, with respect, it is inconsistent with the statutory regime."
Stevens was an experienced driver on the Maritime stock car circuit. In addition to his wife, he left behind two children.
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