Wine festival suit claims security broke man’s arm

Incident took place in 2014, same year 18-year-old girl died in crash after event

A man who claims security guards at the Shores of Erie International Wine Festival used excessive force on him during an emergency evacuation in 2014 is suing for $700,000.

Scott Atkins, who hails from Chatham-Kent, claims his employment opportunities became “greatly limited” after breaking his arm and suffering other injuries including “general tearing and straining of the muscles and ligaments throughout the body.”

In the latest development in the lawsuit, Superior Court Justice Bruce Thomas has ordered Atkins to produce his personal income tax returns and business records from 2009 to present.

Atkins filed his lawsuit against the festival and Innovative Security Management in August 2016. The case has not gone to trial, so none of Atkins’ claims have been tested in court.

A storm was bearing down on Amherstburg on Sept. 5, 2014, forcing the evacuation of the festival. In their statements of defence filed with the court, the festival and security company claim Atkins placed himself and others in danger when he ignored repeated requests to leave the event.

Innovative Security denies Atkins suffered any injuries. But if he did get hurt, Atkins was “the author of his own misfortune,” the security company says.

“At the time of the alleged incident, his faculties of observation, perception, judgment and selfcontrol were impaired due to alcohol, drugs and/or fatigue.”

The festivals says, “He was the aggressor in the altercation referred to in the statement of claim.”

The defence claims have yet to be heard in court.

The wine festival has asked that if the case does go to trial, it wants a jury to hear it.

Atkins could not be reached for comment.

His statement of claim is bereft of personal details such as his age, what job he held in 2014 or whether he had any dependents.

Neither Atkins’ lawyer nor the lawyer for the festival returned messages left for them Wednesday.

Atkins has until Aug. 13 to produce his financial documents. The next deadline in the case is Aug. 31 when a mediator will be appointed to try to resolve the case without it getting to trial.

The year Atkins claims he was injured was the last year the wine festival was held.

That same year, 18-year-old Emily Bernauer died in a single-car crash after leaving the festival where she worked as a volunteer at the Sobeys food booth. Bernauer had nearly twice the legal limit of alcohol in her system when she hit a mailbox and rolled her car on Concession 2.

The Bernauer family has filed a $3.6-million lawsuit against the festival, Sobeys Inc., Sobeys Capital Inc., Amherstburg Sobeys store owner Renato (Rennie) Rota and Rota’s wife, Anne, who was one of the festival’s organizers.

The festival is also still before provincial offences court, charged with supplying alcohol to a person under the age of 19 and failing to check the identification of a minor.

Justice of the peace Michael Hurst has said he will rule on the Liquor Licence Act charges in September.

His faculties of observation, perception, judgment and self-control were impaired due to alcohol, drugs and/or fatigue.