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ALLEGED DATE-RAPE VICTIM SUES DRUG-MAKING COMPANY Lawyer Says He Can Show Link Between Company And Substance Used In Assault An alleged date rape victim is suing Merck Frosst Canada, claiming a drug made by the company was used by two men to render her unconscious before she was sexually assaulted. The suit against one of Canada's largest pharmaceutical companies was filed by Vancouver lawyer Alan Favell on behalf of a plaintiff described only by the initials S.J.P. Favell said Tuesday the case is unusual in that the drug company is being sued along with two individuals shown as J.S. and John Doe #1, who are alleged to have been responsible for the sexual assault, which the plaintiff says occurred Jan 21, 2003. He said details of the assault were deliberately kept vague in the documents filed in court, but he could show the link between the substance used in the assault and Merck Frosst. The suit in B.C. Supreme Court seeks a range of damages against the defendant J.S. for "wrongfully and intentionally administering a noxious substance that rendered the plaintiff unconscious," for assault, assault and battery, sexual assault and sexual harassment, all of which were allegedly committed in Vancouver. Defendant John Doe #1 is being sued for assault, sexual assault, and sexual harassment and for the intentional infliction of mental distress. Merck Frosst Canada is being sued for general damages, breach of contract, negligence, and for vicarious liability in regards to the actions of J.S. and John Doe #1. The suit is also seeking damages from all defendants for past wage loss, cost of past and future care and counselling, mental distress, physical, psychological and emotional damage, impaired working ability, damage to self-respect, reputation and pride. |
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