BROOKS/ISHIKAWA V. CYTODYNE/CAMPAGNA
Confidential settlement under US law for motor vehicle collision that occurred in Canada.
In May of 1998, two young women were killed and six other people injured in a fiery collision near the Canadian Customs checkpoint at the Peace Arch border crossing. The at-fault driver, who was speeding in excess of 160 kph when she struck a line of cars waiting to clear customs, attributed her reckless driving to a psychotic episode brought on by her use of an ephedra-based diet supplement she had purchased in the United States.
Cross Border Law assisted the families of the two young girls and the surviving victims of this tragic accident in the presentation of a lawsuit in Washington state against the manufacturer, designer, distributor and marketers of the diet supplement, as well as against the driver of the automobile. As in the Tepei case referenced above, the defendants argued vigorously to have our clients’ case dismissed to British Columbia or tried under British Columbia law – a result which would have significantly diminished the plaintiffs’ right to compensation. Despite the fact that the accident itself occurred north of the US-Canadian border, we were successful in convincing a Washington court to retain the case for trial under Washington law. Shortly after the defendants’ last appeal on this issue was unsuccessful, the case was settled for a confidential sum.
*These are excellent results. No trial results can ever be guaranteed, as the outcome of any litigation and/or the amount recovered will vary according to the facts presented by individual cases. Past successes are not necessarily determinative of future results.