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Home My WebLink AboutHuron Expositor, 1999-05-26, Page 66—THE HURON EXPOSITOR, May 26, 1999 - News Forensic engineer disagrees with Crown injury theory By Amy Zoothput Goderich Signal -Star Staff A forensic engineer testified in the third week of Sarah LeBeau's trial that he does not support the Crown's theory of how injuries occurred when _LeBeau's 1995 Camaro left County Road 31 near Varna on Nov. 24, 1996. • .. • LeBeau faces 11 charges resulting from this accident that left -four area youths dead. Charges include four counts of criminal negligence -causing death. and four counts of impaired driving causing death. Killed -in the crash were • •Neal Atchison and Pamela King, both of Clinton; and Brian Hill and Mark Webster, both of Stanley Township. Both LeBeau; of Brucefield, and Brandon Gardner, of Vanastra. , were seriously injuredin the accident. Crown evidence has shown that LeBeau's 1995 Camaro was travelling north on County Road 31 just outside of Varna at a speed of about 150 km/hr. when it crossed into the southbound lane, left the road and hit several guide posts before becoming airborne. _The car struck a driveway embankment. causing the car to become airborne again. The car rolled over landing on its roof before coming to rest:on its wheels. . The Crown contends that the major damage to the front, lett side of the car occurred when it struck the driveway embankment, . .causing intrusion into the driver's footwell area which resulted in thc severe lower extremity injuries to LeBeau, who they believe was the driver. Dr..Saad Nassar. of Walter's Forensic Engineering in Kitchener, testified that he does not believe this first impact was as serious as testified by Crown witnesses. He also added that he believes the intrusion that occurred into the driver's footwell area did not happen at this impact, but when the car landed on its roof. Nassar also testified that the major injuries occurred at this phase of the accident. He said that the severe crushing to the car happened at this point. "I can't say for certain that the injuries occurred at the impact of the embankment," said Nassar. Defense attorney Glen Carey asked Nassar if he could tell where these unbelted occupants would .go after the tmtial Impact. Nassar testified that the occupants would move forward after it hit the embankment. they would rebound back when the car, became airborne. but once the' car rolls upside down, "we don't know where their positions are going to be." He said the• occupants would be like dice in a box and could move around into any position. Nassar added that if LeBeau ,was seated on the console, she - would move forward and left at the, time of the initial impact. Nassar performed a seating test on an exemplar Camaro using people the similar sizes of the six occupants in the vehicle at the time of the accident. Nassar said they ..wanted to show how these six occupants would fit in the Camaro in different seating scenarios. ' An occupant close to the size of Neal Atchison was placed in the console position and Nassar found that it was very .difficult having a large person seated in this position. He added that LeBeau, who participated in the test; could sit on the console with her feet in the driver's footwell and the driver could still reach the pedals. During cross examination by Crown attorney Bob Morris. Nassar revealed that no test drive was done with thc exemplar vehicle to see how someone could drive with another person's feet in the footwell area and whether jhat would interfere with the driver's ability to drive. LeBeau's orthopedic surgeon testified Wednesday that he does not believe that the injuries sustained by LeBeau, indicate she could have been the driver. Dr. Mark MacLeod, of the. London Health Science Centre, was on call the day of the accident when LeBeau was transferred to London from Clinton. He testified that he performed surgery on a number of her orthopedic injuries which included several fractures to her arms and legs as well as fractures to her pelvis and spine. MacLeod stated that almost all of LeBeau's fractures were of a "bending nature" - similar ..to breaking a stick over someone's knee. Given the scenario of the accident, MacLeod said that he would not expect the driver of the LeBeau vehicle to sustain these types of fractures. He added that he would expect the driver to sustain more "axial load" fractures, or fractures caused by pressure pushed down on the bone. In the scenario that LeBeau was sitting on the console of the vehicle at the time of the accident, MacLeod said that he would expect to • see these bending fractures which were sustained by LeBeau. "Most of (LeBeau's) injuries are of a. bending nature," he said, adding that these are injuries he would not expect to • see in a person seated in the -driver's seat with a frontal impact. • If LeBeau was on the console, MacLeod said that in that scenario. "anything is ,up for grabs...There is -no" way to predict injuries, when or where they occurred." Knowing that the LeBeau vehicle rolled over at a later stage doesn't change MacLeod's opinion of injuries. "The key word is unknown;" he said. "Who knows where anyone is in the car. -Who knows what. forces were applied. I can't make a - comment simply because I don't know." ' • "Can one say LeBeau got her injuries from being in thc . driver's seat?" asked defense attorney Glen Duey. "It• is possible.•• aaid MacLeod. "Is it probable?" asked Carey. "Based on the fractures, probably not. But,. it is possible," said MacLeod. He later :added that because LeBeau was the only occupant who sustained lower extremity injuries does not necessarily mean she was the driver. • During cross examination by Crown attorney Bob - Morris, MacLeod said that if LeBeau was sitting in. the driver's seat and was- hit -at an angle, this could have caused bending fractures. . MacLeod said he couldn't say though that the driver of this vehicle would sustain severe lower extremity injuries. . The trial resumed last Wednesday after it adjourned Friday afternoon. The trial is being heard by Justice Tom Granger of London. *WE HAVE to AU. R IUM WICKER. 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