Staff didn’t try to stop a \u0022visibly intoxicated\u0022 customer from driving after overserving him before the crash that killed a St. Thomas woman, lawsuit alleges
Cindy Devine’s family launched a $3-million lawsuit against the St. Thomas man jailed for causing her death, his insurance company, and the bar and its staff who served him booze prior to the fatal collision on Oct. 2, 2020.when a pickup truck driven by Tyler Besterd, 24, drifted over the centre line on Highbury AvenueWitnesses on the scene watched as Devine, a mother of two, was trapped in her burning vehicle and died at the scene.
Lawsuit statements of claim and statements of defence contain allegations not yet tested in court. None of the defendants has filed a statement of defence.Besterd was sentenced to 5½ years in prison and given a nine-year driving ban in April after pleading guilty to impaired driving causing death. The lawsuit alleges Besterd was an “incompetent driver” who was unfit to be behind the wheel because he had consumed alcohol. “He acted with wanton and reckless disregard for others by driving a vehicle in his impaired condition,” the lawsuit alleges. “His actions were more than mere negligence.”
“I promised her she wouldn’t die. That might be the worst feeling of all – guilt,” he said in a victim impact statement on March 11.Article content
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