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Woman seeks damages from fatal crash driver

A woman severely injured in a fatal collision is attempting to locate another driver involved in the crash in order to seek damages.

According to a notice published this week in the Cayman Islands, Evelyn Kim Rewan is seeking damages from Englishman Luke Armstrong for losses sustained as a result of the 2009 collision.

Mr Armstrong has since left Bermuda and his whereabouts are unknown. The notice reads: “Evelyn Kim Rewan has filed a Specially Endorsed Writ of Summons in the Supreme Court of Bermuda: Civil Jurisdiction: 2015: No 98: Evelyn Kim Rewan v Air Care Limited and Luke David Armstrong.

“This writ has been filed in the Supreme Court Registry, asking for damages for loss sustained as a result of a motor vehicle accident in which you were involved.

“Your whereabouts being unknown, the Supreme Court of Bermuda has ordered service upon you by way of substituted service through this advertisement.

“If you wish to defend or counterclaim, you must ender an appearance in person or by an attorney either by handing in the appropriate forms, duly completed, at the Registry of the Supreme Court in Hamilton, Bermuda, or sending them to the Registry by post.”

The notice warns that if Mr Armstrong does not enter an appearance in the registry within 28 days of the date of publication, he would not be entitled to further notice and Ms Rewan may proceed with the matter and the relief claimed may be given in his absence.

Ms Rewan was one of two passengers in a car driven by Winston “Yogi” Burrows in April, 2009, when the vehicle was involved in a collision with a heavy truck, driven by Mr Armstrong. While Ms Rewan survived with a broken neck and multiple fractures, Mr Burrows was killed when the damaged car burst into flames.

In the wake of the crash, Mr Armstrong left the scene. He was later charged with causing the death of Mr Burrows by driving while impaired by alcohol. During a subsequent trial, the court heard that Mr Armstrong had several beers before the crash, although no evidence of a breath test was presented to the jury.

The jury was also shown gouge marks and scrape marks in the road, indicating that Mr Armstrong's truck was a few inches on the wrong side of the road when the collision occurred.

Mr Armstrong also admitted that he was not licensed to drive a heavy truck at the time of the collision. However, evidence also indicated that Mr Burrows was double the legal blood-alcohol limit and had cocaine in his system at the time of the crash. The court also heard that Mr Burrows had a paralysed hand from a separate collision more than a decade earlier.

The jury unanimously found Mr Armstrong guilty and he was sentenced to 15 months in prison, but his conviction was quashed by the Court of Appeal after it was determined that the trial judge had not properly directed the jury on how to weigh up the evidence.

It is understood that sometime after his release, Mr Armstrong left the country, working in Cyprus for a period before moving to Singapore last year.

• On occasion The Royal Gazette may decide to not allow comments on what we consider to be a controversial or contentious story. As we are legally liable for any slanderous or defamatory comments made on our website, this move is for our protection as well as that of our readers.

Evelyn Rewan at a previous court hearing on the Luke Armstrong case in 2009 (File photograph)

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Published September 09, 2016 at 9:00 am (Updated September 09, 2016 at 11:00 am)

Woman seeks damages from fatal crash driver

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