A Carbon man is suing the Town of Drumheller and a former Community Enforcement supervisor for general and punitive damages stemming from a traffic stop last year.
David Stewart, 60, former principal of Carbon School filed an original Statement of Claim to the Court of Queen’s Bench on May 9 of this year, and then an amended Statement of Claim on June 4, naming the Town of Drumheller and Peace Officer Darcy Nundahl, who was employed by the Town of Drumheller at the time of the incident.
The documents were filed by Sean T. FitzGerald of Miles Davison LLP, Legal Firm out of Calgary.
Stewart’s claim states that on June 29, 2011 he was stopped by Nundahl. In the course of their interaction, Stewart was told he was under arrest, handcuffed and held in Nundahl’s town vehicle for about a half hour.
As a result of the traffic stop, Stewart claims he suffered serious and permanent injuries to his shoulder and arm, which required surgery, as well as soft tissue injuries, bruising, lacerations and pain and suffering. He also claims psychological and emotional injury.
These claims are allegations and have not been proven in court. Criminal charges were not laid. Nundahl resigned his post from the Town of Drumheller earlier this year and is now a sheriff in the Department of Justice for the Government of Yukon.
The suit asks for $175,000 in general damages and $50,000 in punitive damages.
inSide Drumheller sought comment from Mr. Nundahl, however he declined to make any statement.
Drumheller Mayor Terry Yemen also declined to comment on the case as it is in the hands of the court.
According to court documents, the defendants have 20 days to respond to the claim if they are inside Alberta, and one month if they are served outside the province. As of press time no Statement of Defense had been filed.
