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A Coquitlam man is on the hook for over $130,000 in damages after he ran over another man in a Subway parking lot.
The plaintiff, Joel Ackley, instigated an argument with defendant Marc Audette by throwing around harsh words and referring to Audette as a “Wannabe Ziggy Marley.”
The incident occurred late in the evening on June 8th, 2012, when Audette drove to a nearby Subway to buy some food. As he got out of his car and walked toward the entrance, he was accosted by Ackley, who was hanging around outside the sandwich shop with his friends.
Ackley, who was 19 at the time of the altercation, made some derogatory comments about Audette’s dreadlocks outside the restaurant. More words were exchanged as Audette went into the Subway, and as he left the shop, the incident escalated and eventually resulted with Audette’s vehicle striking Ackley, knocking him down and running him over.
According to the court ruling, Ackley met Audette at his car door, preventing Audette from closing it. After seeing Audette reach down to grab something, a concerned Ackley slammed the car door, banged on the hood, and walked away.
“As he did, he heard a screech and his friends yelled at him to turn around. [...] He saw the lights of Mr. Audette’s car and he was struck. He said he blacked out and when he came to he was lying under the car, which then ran over him as it moved to leave.”
Ackley suffered from a number of injuries, including a fractured pelvis, significant abrasions, and related soft tissue injuries.
Ackley claims that Audette hit him intentionally, while Audette, who was 20 at the time of the incident, denies liability on the grounds that Ackley instigated the altercation.
Prior to meeting at the Subway, Ackley admitted that he had been heavily drinking in a nearby park. He also informed the judge that he was showing off to his friends and trying to be funny by making comments regarding Audette’s appearance.
Although Justice Skolrood found that Audette’s negligence in striking Ackley does not warrant compensation for punitive damages, based on the fact that Ackley initiated the argument, Audette did flee the scene, which shows poor judgement on his part.
As a result, Ackley is to receive a total of $133,129.42 from Audette.
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