The victim in an alleged hit-and-run involving a taxi outside Whitehorse’s Salvation Army building in February is suing the taxi driver and company involved in the incident.
In a statement of claim filed to the Yukon Supreme Court June 1, Vincent Charlie alleges that Binerjeet Chauhan, then a taxi driver for Premier Cabs, “intentionally” hit him with a taxi cab while he was standing outside the Salvation Army building on Alexander Street Feb. 8.
The crash left Charlie with several injuries, the lawsuit alleges, including a “fractured right knee,” “musculoskeletal injuries” and “lacerations, abrasions and contusions,” as well as the “psychological impacts” of both the crash and injuries. As a result, the lawsuit continues, Charlie continues to receive medical care, “has suffered a loss of the quality of life, including the impairment of the ability to engage in domestic, social and recreational activities” and “has incurred loss of income and loss of earning capacity.”
The lawsuit alleges that the crash was the result of Chauhan’s “intentional acts,” or, in the alternative, the result of his negligence for failing to keep a proper lookout, “driving without due care and attention,” “failing to keep the taxi under proper control” and “failing to yield the right of way to a pedestrian lawfully walking on a sidewalk,” among other things.
Premier Cabs was also negligent, the lawsuit claims, in allowing Chauhan to drive a taxi even though it knew or should have known he was “inexperienced,” “incompetent” or had not been properly trained. It also suggests that the taxi could have been “mechanically defective” and that the company failed to have the defects repaired.
None of the allegations have been proven in court.
Charlie is seeking general damages, special damages and costs related to the legal action.
To date, neither Chauhan nor Premier Cabs have filed a statement of defence.
Chauhan is also facing criminal charges related to the incident. He was arrested and charged by Whitehorse RCMP on March 12 with one count each of aggravated assault, failure to stop at the scene of an accident and dangerous operation of a motor vehicle causing bodily harm. Police also seized the taxi he was driving.
Contact Jackie Hong at firstname.lastname@example.org