Wednesday, January 4, 2012

Lawsuit Over a Sketchy Tooth Brush

Girl can certainly get some new grills after this..

Check out the story from the Vancouver sun

A Surrey, B.C., woman's lawsuit over a broken toothbrush foundered Wednesday as a judge made several rulings against her.

Saliha Alnoor sued Colgate-Palmolive Canada Inc. over allegations she suffered serious injuries when her toothbrush broke apart while she was brushing her teeth in 2006.

On the first day of the trial on Tuesday, Alnoor objected to the fact that two company officials weren't made available to provide evidence.

She argued the failure to have Colgate-Canada president Scott Jeffery appear as an "adverse" witness should result in a favourable judgment for her.

Alnoor also objected because another company official familiar with the testing of the toothbrush had not been made available for an interview prior to trial.

But B.C. Supreme Court Justice Catherine Wedge said she agreed with a company lawyer that Alnoor had not provided enough "conduct money" for Jeffery to fly to Vancouver from Toronto.

Alnoor claimed that as a senior executive, Jeffery was ultimately responsible and should be able to provide evidence.

But the judge said Jeffery is in a managerial position and wouldn't be able to address the issues at trial.

"The difficulty with Ms. Alnoor's argument is that the evidence she seeks to elicit from Mr. Jeffery is not relevant to the proof of her claim," said the judge.

Alnoor had brought a negligence claim against the corporate giant and she must establish that the defendant was negligent in the manufacture, design and/or testing of the toothbrush, said the judge.

"Even the acknowledgment by Mr. Jeffery that he's the person ultimately responsible for the product and its recall policy will not advance the plaintiff's claim in any way."

The failure of the company to produce a second company official for a so-called examination for discovery prior to trial was the fault of Alnoor, not Colgate, said the judge.

The judge also ruled against a bid by Alnoor to exclude expert reports filed by the defendant.

After the judge's rulings, Alnoor stood up and began reading a document entitled closing argument but she was interrupted the judge, who opposed the submission.

The judge reviewed the document and noted that Alnoor intended to appeal the court's rulings.

But after further submissions it became clear that Alnoor wasn't prepared to proceed without Jeffery as a witness.

"The fact that Mr. Jeffery has been taken away, makes it impossible to go ahead," she said.

Alnoor indicated she may have to withdraw the suit.

The judge suggested Alnoor, who initially had lawyers involved but is now self-represented, seek legal advice on how to proceed before deciding on whether to withdraw.

Kevin McLaren, a lawyer for the company, said he would get instructions from his client on whether they would waive legal costs if Alnoor withdrew her claim.


Post a Comment

© 2010 Nggelolo |