The family of a man killed by a falling tree was in Quebec's Court of Appeals Thursday morning, arguing they should be allowed to sue the city of Westmount.
27-year-old Gabriel Rossy was killed in August 2006 when a tree fell on his car during a violent storm.
His family argues that the city is responsible because the coroner investigating the case judged the death was preventable since the tree was weakened by a fungus, and should have been taken down.
In court Thursday lawyers for the city of Westmount argued that the car actually killed Rossy, because the roof struck his body first.
Rossy's mother finds that notion laughable.
"The argument is that the car is what killed my son. You know, the fact that an eight tonne tree fell on the car might have some bearing on it," said Sharon Rossy.
Case launched years ago
The Rossy family launched their lawsuit several years ago but in 2008 a judge in Quebec Superior Court ruled that because Rossy was in a car Quebec's Auto Insurance Board (SAAQ) was responsible for the matter, and Quebec's no-fault insurance law took precedence.
Rossy's family is appealing the decision, hoping they can go ahead with a $1.3 million civil suit.
Lawyer Julius Grey wants to see changes in the no fault law.
"The question is what is the limit of an important social law. How far do you go?" said Grey.
Rossy's parents say the appeal is not about money.
"It's been four years and we just want justice. We want justice for Gabriel and we also feel that the law seriously has to change," said Sharon.
She is now waiting for the Appeals court to render a verdict, which could take several months.
