© Photo special to The Guardian by Edmund Auger
Edmund Aunger and Elizabeth Ann Sovis are shown here in Port Elgin, N.B., wearing the reflective vests they always wore while cycling. Sovis was struck by a van and killed in P.E.I. on July 14, 2012, the day after this photo was taken.
The husband of an Edmonton woman who was killed by a drunk driver while cycling in P.E.I. is seeking $1.1 million from the man who was driving the van that hit her.
But while the driver, Clarence Arnold Moase, denies any liability he filed his own third-party claim last month against the restaurant that served him liquor before he got in his van and caused the accident that killed Elizabeth Sovis.
Edmund Aunger, Sovis's husband, filed a claim in April on his own behalf and that of her estate alleging negligence in the accident that killed her.
On July 14, 2012, Sovis and Aunger were cycling near Hunter River when Moase hit her with his van.
The police found a bottle of vodka in the van and Moase's blood alcohol level was almost three times the legal limit.
At the time he already had four convictions for drinking and driving.
Moase's third-party claim is against Jackson Holdings Inc., which does business as Bluefin Restaurant and Lounge, and The Black Rafter.
He denied the allegations against him in Aunger's claim.
In his claim, Moase alleged he was served alcohol at the restaurant before the accident.
Moase claimed that if he was found liable, any losses or damages were caused by Jackson Holdings' negligence and the company should pay for them.
That negligence included serving Moase liquor without taking reasonable steps to ensure he wouldn't drive while drunk.
None of the allegations have been proven in court.