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Brian Sinclair's family appeals lawsuit ruling

The family of a man who died sitting in the emergency room at the Health Sciences Centre is appealing a court ruling declaring he can’t sue because he’s dead.

In a statement today, Brian Sinclair’s family and their lawyer, Vilko Zbogar, said the appeal will be heard on Wednesday.

A relative holds photo of Brian Sinclair.

WAYNE GLOWACKI / WINNIPEG FREE PRESS ARCHIVES

A relative holds photo of Brian Sinclair. Photo Store

The statement said the appeal is against the ruling of Court of Queen’s Bench Master Shayne Berthaudin, who last year dismissed the $1.6-million lawsuit in relation to the 45-year-old Sinclair’s death, saying they didn’t have a case because no one other than Sinclair himself could sue.

Sinclair, a double amputee, was found dead in his wheelchair in the hospital’s emergency waiting room on Sept. 21, 2008. After waiting there for 34 hours, he died of a treatable bladder infection caused by a blocked catheter.

A hospital security video showed Sinclair talking to an aide at the emergency room triage desk before he went into the waiting room.

History

Updated on Monday, March 18, 2013 at 1:28 PM CDT: corrects typo

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