A family who lost three loved ones in a fatal wrong-way crash on Highway 401 last year has launched a lawsuit against the officers involved, the police board and the estate of the suspect, also killed in the crash, that police were pursuing.
Gokulnath Manivannan and his wife Ashwitha Jawahar were the sole survivors in 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 is asking for $25 million in damages.
It claims the accident and resulting injuries were the result of negligence on the part of the defendants who include 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 happened on April 29, 2024 after a police chase that began with an alleged liquor store robbery in Bowmanville, Ont., where police pursued the suspect as he drove the wrong way on Highway 401 in Whitby, about 50 kilometres east of Toronto, according to the Special Investigations Unit, Ontario’s police watchdog.
That chase ended in the fatal collision that involved at least six vehicles, the SIU said at the time. The robbery suspect was also killed.
Two Durham police officers, Sgt. Richard Flynn and Const. Brandon Hamilton, are facing 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 operated his vehicle “with wanton disregard” for their well-being, the officers’ decision to pursue the suspect while driving the wrong way on Highway 401 — and failing to consider 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 Monday commute. Dashcam video shows the van barrelling toward her as police followed on Highway 401 in Whitby.
As for Durham police, the family alleges they failed to provide adequate — or any — training to officers regarding suspect apprehension pursuits, and failed to order the officers to end their pursuit.
No statements of defence have been filed yet in the lawsuit, which was filed earlier this month.
A spokesperson for Durham Regional Police said the police service is aware of the lawsuit, but could not comment as it is “part of an ongoing investigation and legal process.”
CBC News has attempted to reach the two officers involved for comment. Lawyer Lawrence Gridin, who is representing Flynn in his criminal case, declined to comment on the lawsuit Thursday.
Couple continues to suffer ‘horrific pain’ from crash
Since the accident, the statement of claim says the couple has continued to incur medical costs due to “sustained permanent and serious injuries and impairments” that have resulted in loss of income and earning potential.
“As a result of this accident and its aftermath, the Plaintiffs, collectively, have suffered and will continue to suffer horrific pain and suffering, loss of enjoyment of life and a loss of amenities from nervous shock, mental distress, and psychological trauma,” the statement of claim says.
They also have been unable to perform household and home maintenance chores, the statement of claim says.
The family is being represented by lawyers Brad Moscato and Adam Wagman with Howie, Sacks & Henry LLP, who said in an emailed statement they are “working to ensure that a thorough investigation is conducted so that 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 leads to a careful review of how and when pursuits are authorized, and that clear, consistent standards are always followed. Public safety must remain the top priority.”
