After losing infant son and leg in horrific crash, air force captain loses legal battle for compensation

CBC News
CBC News James Alexander Michie

The Federal Court of Appeal has dismissed an appeal filed by Capt. Kimberly Fawcett, who has been fighting for benefits since a traffic accident killed her infant son and left her an amputee. (Frédéric Pepin/Radio-Canada)

After losing infant son and leg in a terrible accident, the air force captain loses the legal battle to obtain compensation.

Kim Fawcett was walking in Kingston with her nine-month-old daughter when she was hit by a vehicle, broke her leg and killed her son in this way.

The military veteran did not let this break her spirit; Instead, she took the prosthetic leg to Afghanistan and began competing in triathlons, while raising money so that children who lost a leg can keep active with their new legs.

Now the captain of the Canadian Air Force who made two tours in Afghanistan lost another legal offer for disability benefits, 13 years after losing her baby and one of her legs in a car accident.

Prolonged battle

It should be noted that Captain Kimberly Fawcett has been involved in a protracted battle with the Canadian Armed Forces, which denied compensation and the reimbursement of a prosthesis. The CAF determined that she was not on duty at the time of the accident and that his injuries were not attributable to his military service.

Thus, a series of complaints, internal reviews, and legal actions led to the ruling of the Federal Court of Appeals this week that sided with the CAF and the Attorney General of Canada.

On February 21, 2006, Fawcett received permission to be late for work. She was carrying out a plan of family care authorized by the army, leading her son to be looked after by his grandparents. On a freeway ramp near Kingston, Ontario, Fawcett’s vehicle slid over the ice and stopped blocking a passing lane. She tried to take his son to the side of the road and climb an embankment but was hit by a vehicle approaching.

Now, emphasizing the legal battle, Fawcett’s attorney, David Levangie, said he and his client are reviewing the decision and exploring other legal options, including a request for an appeal to the Supreme Court of Canada.

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Source: Kathleen Harris | CBC News

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