A family that lost three loved ones in a fatal wrong-way crash on Highway 401 last year has filed a lawsuit against the officers involved, the police board and the estate of the suspect, also killed in the crash, whom police were pursuing.
Gokulnath Manivannan and his wife Ashwitha Jawahar were the only survivors of the April 2024 collision that killed Manivannan’s parents and the couple’s three-month-old son.
The lawsuit filed by the couple and two other family members seeks $25 million in damages.
It claims the crash and resulting injuries were the result of negligence on the part of the defendants, including two officers involved in the crash, Durham Regional Police, Ontario Provincial Police and the estate of the suspect police were pursuing at the time of the crash.
The collision occurred on April 29, 2024, after a police chase that began with an alleged robbery at a liquor store in Bowmanville, Ont., where police pursued the suspect as he drove the wrong way on Highway 401 in Whitby, about 50 kilometers east of Toronto, according to the Special Investigations Unit, Ontario’s police watchdog.
That pursuit ended in a fatal collision involving at least six vehicles, the SIU said at the time. The suspect in the robbery was also killed.
Two Durham Police officers, Sergeant. Richard Flynn and Const. Brandon Hamilton face criminal charges in connection with the collision following an SIU investigation.
A statement of claim for the family’s lawsuit says that while the suspect was driving his vehicle “with wanton disregard” for their well-being, the officers’ decision to pursue the suspect while he was driving the wrong way on Highway 401 (and without considering alternatives) was also “reckless” and resulted in death and bodily harm.
Milica Maljkovic Birkett found herself in the middle of a police chase during her trip on Monday. Dashcam video shows the SUV approaching her as police followed her on Highway 401 in Whitby.
As for Durham Police, the family alleges that they failed to provide adequate (or any) training to officers on searching for suspects and did not order officers to end their pursuit.
Statements of defense have not yet been filed in the lawsuit, which was filed earlier this month.
A Durham Regional Police spokesperson said the police service is aware of the lawsuit but could not comment as it stands.“part of an ongoing investigation and legal process.”
CBC News has attempted to contact the two officers involved for comment. lLawrence Awyer Gridin, who represents Flynn in his criminal case, declined to comment on the lawsuit Thursday.
Couple still in “horrible pain” after accident
Since the accident, the statement of claim says the couple has continued to incur medical costs due to “sustained permanent and severe injuries and disabilities” that have resulted in loss of income and earning potential.
“As a result of this accident and its consequences, plaintiffs, collectively, have suffered and will continue to suffer horrific pain and suffering, loss of enjoyment of life, and loss of comfort due to nervous shock, mental anguish, and psychological trauma,” the statement of claim says.
They have also not been able to perform domestic tasks and home maintenance, the statement of claim says.
The family is represented by lawyers. Brad Moscato and Adam Wagman with Howie, Sacks & Henry LLP, who said in an emailed statement that they are “working to ensure a thorough investigation is conducted so the family can get the answers they deserve about how this terrible incident occurred.”
In the statement of claim, it says: “The family hopes that this heartbreaking event will lead to a careful review of how and when chases are authorized, and that clear and consistent rules are always followed. Public safety must remain the top priority.”
