Whitehorse Daily Star

Woman, daughter still suffering from rollover: suit

A woman is suing Whitehorse General Hospital and the Yukon Hospital Corp., alleging she was mistreated and misdiagnosed after a vehicle rollover in 2013.

By Rhiannon Russell on July 30, 2015

A woman is suing Whitehorse General Hospital and the Yukon Hospital Corp., alleging she was mistreated and misdiagnosed after a vehicle rollover in 2013.

Whitehorse resident Rachel McLeod was a passenger in a Dodge Caliber when the SUV overturned on Hamilton Boulevard at Falcon Drive on July 28, 2013.

McLeod was seriously injured, according to her statement of claim, filed July 23 in Yukon Supreme Court.

She was transported to Whitehorse General Hospital, where she was diagnosed with multiple spine fractures.

Staff “negligently failed to diagnose” her with cervical fractures and rib fractures, the court document states. She was released on July 31.

Her lawsuit alleges hospital staff didn’t provide her with proper care, failed to adequately examine, diagnose and treat her, and failed to ensure her treatment was provided in a timely fashion.

She’s seeking undisclosed damages for pain, suffering, permanent physical and psychological disability, loss of income and medical and rehabilitation expenses.

McLeod also filed two related lawsuits: one against Joseph Allison, the driver, and Gerald McLeod, the SUV’s owner, and one on behalf of her then-eight-year-old daughter, who was also in the vehicle.

She and her daughter sustained multiple fractures, scarring and soft tissue injuries, and deal with headaches, insomnia and post-traumatic stress disorder, according to the documents.

Rachel McLeod alleges Allison was negligent in driving on the wrong side of the road, speeding, and being impaired by drugs, alcohol or fatigue.

These allegations have not been proved in court.

She further alleges Gerald McLeod was negligent in permitting Allison to drive his vehicle when knowing or “having the means of knowing” Allison was not in a proper condition to drive.

The SUV was also “mechanically defective,” Rachel McLeod alleges.

A case management conference for the lawsuits is scheduled for Sept. 15.

Comments (10)

Up 49 Down 1

What? on Jul 31, 2015 at 10:07 pm

So, basically this woman is admitting to getting into, and letting her 8 year old daughter get into a vehicle operated by someone who was in some way not capable of driving.

Up 23 Down 0

Just Say'in on Jul 31, 2015 at 9:57 pm

Is it Just me or does the News now sound like Judge Judy? No wait a minute, Judge Judy wouldn't put up with this nonsense at all. Almost every article in the paper is about this stuff. Our new economy. Sue Your Friend, Sue your Family, Sue the Government. You all know down deep Lawyers are good people. How do they sleep at night????

Up 29 Down 3

Tina Robinson on Jul 31, 2015 at 8:10 pm

This is insane. Why are we paying for vehicle insurance if we can also be sued? Why on earth would she get into and allow her daughter to get into a vehicle that she 'knew had mechanical problems', the driver was impaired, etc???? This is crazy - everyone suing for any little thing. And, they sue everyone for everything - just to cover the bases..... we are becoming Americanized... oh my gawd!

Up 22 Down 0

Non-news Story on Jul 31, 2015 at 5:28 pm

This suit is probably the work of her insurance company. This is common practice and I don't know why the Star insists on reporting these at the claim stage. It's only news if it goes to trial - which it won't.

Up 44 Down 1

I don't understand on Jul 31, 2015 at 2:19 pm

Is anyone else confused??? She was in a vehicle owned by someone who has the same last name as her (who she is suing - maybe her ex-husband?? lol). This person (the driver) was impaired, and from the sounds of the story above, was likely the one who caused the accident. She claims the SUV (the owners and drivers of which are not mentioned) was "defective" - not sure how she would know or why that has any bearing if "her" driver was at fault.

I think the driver/occupants of the SUV should sue everyone too - including Ms. Litigious above.

Up 46 Down 0

This is getting ridiculous on Jul 31, 2015 at 1:40 pm

People make choices. Some are not good. It doesn't sound like she was forced to go in this vehicle so I don't know the grounds for suing the driver. The legal system is getting ridiculous.

Up 38 Down 0

Dr. Dave on Jul 30, 2015 at 6:48 pm

I'm beginning to wonder if there is anything you can't sue people or organizations for. Even though this woman will probably lose, it is us, the public, who will bear the brunt of the court costs,

Up 31 Down 1

Me on Jul 30, 2015 at 6:31 pm

It's getting to the point...... Don't give people a ride out of the kindness of your heart and don't let bygone use your vehicle unless you have their name down on the insurance, otherwise if you have assets you may get sued..... being nice can really cost you.....

Up 180 Down 3

June Jackson on Jul 30, 2015 at 4:15 pm

Canadians' as a society are getting to be pretty litigious..

Ms. Mcleod, I am sorry you and your daughter were injured..but if you knew Mr. Allison was drunk/drugged/impaired.. why did you get into that car with your daughter?

Up 154 Down 5

Yukon 56 on Jul 30, 2015 at 3:42 pm

What about the choice she made to get into the vehicle? It seems it is always someone else's fault

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