© Cory Hurley
Ben Bellows lies face down in his bed, looking at a photo of the man he used to be before a moose-vehicle accident left him a quadraplegic.
MOUNT MORIAH Quadriplegic Ben Bellows will have to argue in court to keep himself as part of the class action lawsuit over moose-vehicle collisions.
Ches Crosbie will be presenting those arguments in court in St. John’s Monday to counter a provincial government motion limiting plaintiffs in the suit to a two-year period.
Bellows, the Mount Moriah man who was left quadreplegic following a 2003 highway moose-vehicle accident, is one of many who would be voided from the suit if government’s motion is successful.
“Government will be arguing to reduce the class period to a two-year limitation period,” Crosbie stated in a press release issued this week. “This way, people included in the class action would be limited to those whose moose-vehicle collisions happened in the two-year time period before the class action was filed.
Crosbie will be arguing that the negligence of government “was not reasonably discoverable in that two-year time period and the class period should be 10 years.”
If government’s motion is approved, he said it will remove all class members whose accidents occurred earlier than January 5th, 2009.
The court hearing starts 10 a.m. Monday at Newfoundland Supreme Court Trial Division in St. John’s. Crosbie has also scheduled a news conference for Tuesday morning at 10 a.m. to discuss the issue with reporters and upcoming January trial. Bellows will also be in attendance.