Battered victim proceeds with $1 million lawsuit against police, city and Bayfield Mall
BARRIE, ON, June 21, 2013 /CNW/ - Barrie resident Jason Stern feels vindicated and tremendously relieved after Provincial Court today convicted a city policeman of assault causing bodily harm, obstructing justice and fabricating evidence.
Constable Jason Nevill, a 14 year member of the Barrie Police Service, has been on paid leave since the vicious and unprovoked assault he and members of Bayfield Mall's security team inflicted on Stern in November, 2010.
"Our client was subjected to the worst possible treatment by a violent, lying public servant," said Stern's lawyer, Bernard P. Keating of Ares Law. "With this case behind us, Jason can now focus on moving on with his life and obtaining appropriate damages for his continuing suffering. We applaud the system for this just decision."
"Constable Nevill assaulted me, with no provocation, knocking me down, and repeatedly striking my face, head and body," said Stern, now aged 28. "I continue to recover from serious and permanent injuries, including psychological trauma. I was subjected to severe physical and emotional shock to my system."
Victim's charges dropped
Following the incident in question, Stern was charged by Constable Nevill with assault with intent to resist and public intoxication. The officer falsely claimed, in the official arrest report and in his notes, that Stern "shoved his hands in the officer's vest and face…and kneed (the) investigating officer in the groin area."
When a mall security video emerged, it clearly showed an unprovoked, extended and brutal beating. According to a city news release, "evidence came to light that cast doubt over the original version of events…This evidence was brought to the attention of the Crown attorney and the charges…were subsequently withdrawn."
The video can be seen at: http://www.youtube.com/watch?v=uk7bs3FBcr4.
In addition to the false charges, Constable Nevill told witnesses that Stern "was potentially on some sort of strong narcotic," while an expert medical exam at Royal Victoria hospital found that Stern, consistent with his own admission, had consumed only a number of light beers. While transporting the injured and terrified Stern to hospital, Nevill poked fun at the victim for the amount of blood that was on the back of his cruiser.
$1 million civil suit
In November 2012, Ares Law, on Stern's behalf, launched a lawsuit in the Ontario Superior Court of Justice, against Constable Nevill, the City of Barrie, Barrie Police, the owners of the Bayfield Mall and its security company, and the two security guards who participated in the assault.
Seeking damages in excess of $1 million, the suit asserts that Stern suffered significant stress, low mood, sleeplessness, irritability, crying spells, and that he contemplated suicide. "The incident has been terrorizing me," Stern said. "I have suffered now from daily anxiety attacks, loss of appetite and sleep deprivation (while being) a model citizen for my entire life."
"I was absolutely terrified…I was on the ground face down with my arms behind my back getting punched or struck with something countless times in the sides of my head and the back of my head…I was bleeding from my head…he had beat me up."
The Royal Victoria Hospital's medical report says of Stern, that he received stiches above the right eye, his face was covered in blood, and there was a large laceration on his eyebrow, swollen ears and swelling of his nose.
Ares Law has been Barrie's personal injury lawyer choice for over 10 years.
SOURCE: Ares Law Professional Corporation
For further information:
For information, interviews with victim Jason Stern and lawyer Bernard Keating, additional visuals and copies of the statement of claim, please contact:
Ares Law Professional Corporation
705-792-0408, extension 103