It’s an interesting story. A 22 year old man is killed at a crossing accident. The collision also causes damage to the train, track, and some passengers on a VIA train. Now CN is suing the MOTHER of the deceased man. There must be more to the story; how can the mother be held responsible for her 22 year old son’s actions?
I have no knowledge of Canadian law. And US law is often quite the befuddlement for me.
But, if she’s the executrix of his estate, she’s gonna’ get the legal action against the estate. At least that’s be how it’d be down here in the hot and sweaty.
Exactly, it is his estate that is being sued.
Assuming he was adequately insured, the executrix should pass the file on to his insurance company to handle. If, however, he was driving without insurance (illegal), or with a suspended license, things could get difficult for her, especially if any assets have already been distributed to the heirs.
Yes, that makes sense. Perhaps CN became aware of monies paid out to the mother/her estate as a result of this accident that would make a suit worthwhile.
Many issues are not addressed on radio as the might be in court. What is the driving record of the boy in question? Was his license suspended? What it his mother’s car or his own?
If it was her car, and if she knew that his license was suspended then it may have been a felony for him to use the car and she would become an accomplice before the fact if she knew or allowed him to use the car.
If on the other hand, it was his car, and he was living in a home of his own, I fail to see how the mother could be sued except at the executor of his estate.
ROAR