Saskatoon StarPhoenix

Impaired driver sued for $150K

- ARTHUR WHITE-CRUMMEY awhite-crummey@postmedia.com

REGINA After settling for $150,000 with a grieving family, SGI is suing a serial drunk driver who killed a man almost four years ago in Regina.

The insurer filed a statement of claim on Thursday, seeking payment from Brian Okemahwasi­n of Saskatoon.

On the morning of June 8, 2014, Okemahwasi­n was driving his truck down Albert Street at 94 km/h — almost twice the speed limit — when he rear-ended a car stopped at a red light. He killed the driver, Garry Tatham, after the collision broke the 72-year-old’s neck. Tatham left behind a wife and three children. Okemahwasi­n’s blood alcohol content was about three and a half times the legal limit, according to a court judgment. He was convicted of impaired driving causing death a year later. Okemahwasi­n appealed his nineyear sentence, but saw it confirmed.

In the meantime, Okemahwasi­n had allegedly signed an agreement with Saskatchew­an Government Insurance. According Thursday’s statement of claim, he requested that the insurer “defend and/or settle all claims or actions that might be brought against him as a result of the said collision.”

SGI did settle. On Aug. 22, 2017, it agreed to pay $60,000 to Tatham’s wife, and $30,000 to each of his children for the harm they had suffered.

The claim argues Okemahwasi­n’s negligence “solely and entirely” caused Tatham’s death and notes — as courts have already found — that he was too impaired to drive a motor vehicle.

During his long legal process, Okemahwasi­n has expressed remorse. “There’s not enough words to express the misery I have inflicted,” he once said. Tatham’s wife, Heather, said she had lost her “very best friend,” while a judge noted that the tragedy had left a “gaping hole” in several lives.

But Okemahwasi­n also cited his long struggles with alcoholism, something he connected to his experience in residentia­l schools.

Thursday’s statement of claim, filed with the Court of Queen’s Bench in Regina, is a first step in SGI’s civil case against Okemahwasi­n. He will have the opportunit­y to oppose it in a statement of defence, which he has a few weeks to file.

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