Brain-Injured Woman Gains Right To Testify

A woman obtained brain injuries when being hit with a puck at a hockey game. It’s been fourteen years, but finally she has been allowed to testify in court. Some thought that the injury may have skewed her memory. If she can still remember that she’s holding a grudge after fourteen years, I’m sure she remembers why. From The Chronicle Herald:

A Debert woman left severely disabled after a puck hit her in the head while she was watching a hockey game at the local arena 14 years ago will be allowed to testify when her negligence lawsuit goes to trial in November.

Justice Kevin Coady, in a ruling that Nova Scotia Supreme Court released Thursday, rejected a motion by the operator of the West Colchester Arena in Debert that would have kept Louitta Fisher from testifying.

Murray Ritch, lawyer for the West Colchester Recreation Association, argued at a Sept. 13 hearing in Halifax that Fisher’s comprehension and speech deficits would make it impossible for her to effectively communicate evidence to the jury and would preclude any sort of cross-examination.

Ritch claimed that Fisher’s brain injuries are so severe that she doesn’t recall the events of March 2, 1996, making her incompetent to testify about liability, the sole issue in the trial.

Continues at The Chronicle Herald

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