An emergency room physician who assessed Artur Kotula three days before he was involved in a double fatal collision on Parkside Drive three years ago testified he assessed Kotula and told him he was forbidden from driving because of medical concerns.
The testimony came as part of the Crown’s evidence at the dangerous driving causing death trial for 27-year-old Kotula. Valdemar and Fatima Avila, who were rear-ended by Kotula’s BMW, died in the chain reaction collision on Oct. 12, 2021.
Kotula has pleaded not guilty.
On the opening day of the trial, an accident reconstructionist testified Kotula was travelling 124 km/h just two-and-a-half seconds prior to the crash and only put on the brakes momentarily prior to the collision. The posted speed limit on Parkside Drive at the time was 50 km/h.
Emergency room testifies about license suspension
Dr. John Sollazzo testified he started work around 6 a.m. on Oct. 9, 2021, at St. Joseph’s Hospital. He was taking over from another doctor who was working the overnight shift and learned during the handover about Kotula who had come in by ambulance the night before.
Sollazzo testified he learned “there was an issue with potential suicidality and intoxication.”
Sollazzo said the overnight doctor advised him to reassess Kotula when he was sober and to decide if he was safe to discharge. Just before 10 a.m., Sollazzo said, based on concerns of “substance abuse disorder,” namely alcohol, he filled out a Ministry of Transportation medical condition form. Sollazzo testified he told Kotula he was suspending his driver’s licence and referred him to the Rapid Access Addiction Medical Clinic, which was necessary for Kotula to attend in order for him to get his licence back.
The doctor said he believed Kotula was sober enough to understand he was unable to drive until being contacted by the MTO. Sollazzo also referred to the MTO form in which he had checked a box which said “patient is aware of this report.”
Sollazzo also wrote on the form that Kotula had a history of seizures but testified that was not the reason Kotula was losing his licence. He also said he did not witness a seizure while Kotula was in the ER. The physician said based on his notes, Kotula was discharged around 10:30 a.m.
Cross examination raises questions
During cross-examination, defence lawyer Justin Marchand asked how Sollazzo knew that Kotula was sober at the time.
“My job is to ensure the patient is safe for discharge from the Emergency Department. That doesn’t mean I could say they could do complex tasks. Reasonably sober is they can walk, they can talk, they can have a conversation,” explained Sollazzo.
The physician said that Kotula was given an assessment for his psychiatric condition and said he had to ensure he was not suicidal prior to discharge. Sollazzo said he assessed him and decided he was not suicidal.
Marchand asked if it was possible that Kotula did not understand that he couldn’t drive. “It is possible. The emergency room is a chaotic environment,” Sollazzo said.
According to an agreed statement of facts read in court at the beginning of the judge-alone trial, Kotula registered a driver’s licence suspension for medical reasons once before. His licence was suspended on March 12, 2020, and reinstated on Jan. 15, 2021. The medical reason for the suspension was not specified.
Responding paramedic weighs in
Robert Gillman, a paramedic who was called to the scene, testified he was tasked with managing Kotula, who was sitting on a grassy patch just off Parkside Drive.
Gillman said Kotula seemed oriented at the time, meaning he knew what he was being asked. He said Kotula had no trouble speaking, nor body tremors, nor was he convulsive. He said he put him on a modified backboard as a precaution in case he had suffered a spinal injury. Gillman said the only noticeable injury was some broken teeth and a small amount of blood in his mouth.
“When I asked him about his previous medical history, there was none mentioned,” he added. Gillman said Kotula did not complain about any other injuries though he noticed some tenting in the pelvic region which could indicate a spinal injury. Gillman said Kotula made no mention of losing consciousness during the crash.
Gillman also mentioned that he’d learned that Kotula was unrestrained at the time of the collision. Assistant Crown attorney Marnie Goldenberg asked where Gillman received that information from but Gillman said he couldn’t remember.
The trial continues.