A family who lost three relatives in a tragic wrong-way crash on Highway 401 last year has filed a lawsuit against the involved officers, the police board, and the estate of the suspect who also died in the accident during a police pursuit.
Gokulnath Manivannan and his wife Ashwitha Jawahar were the only survivors of the April 2024 incident that took the lives of Manivannan’s parents and their three-month-old son.
The couple, along with two other family members, is seeking $25 million in damages through their lawsuit.
The suit claims that negligence on part of the defendants-including two officers involved in the crash, Durham Regional Police, Ontario Provincial Police, and the estate of the suspect-led to both the accident and subsequent injuries.
The crash occurred on April 29, 2024 after a police chase initiated over an alleged liquor store robbery in Bowmanville, Ont., where authorities pursued a suspect driving against traffic on Highway 401 in Whitby, approximately 50 kilometres east of Toronto, according to Ontario’s Special Investigations Unit (SIU), which oversees police conduct.
This chase resulted in a deadly collision involving at least six vehicles; unfortunately, it also claimed the life of the robbery suspect.
Two Durham police officers-Sgt. Richard Flynn and Const. Brandon Hamilton-are facing criminal charges related to this collision following an SIU investigation.
A statement from the family’s lawsuit indicates that while the suspect drove “with wanton disregard” for others’ safety, so too did law enforcement by pursuing him while he was going against traffic on Highway 401 without considering other options; this behavior was deemed “reckless” leading to death and injuries.
WATCH | Dashcam footage shows moments before the crash:
Dashcam footage shows van driving wrong way before fatal Highway 401 crash
Milica Maljkovic Birkett found herself caught up in a police chase during her Monday commute. Dashcam video shows a van speeding towards her as police followed on Highway 401 in Whitby.
The family claims that Durham police failed to provide proper-if any-training for officers regarding pursuits aimed at apprehending suspects and did not instruct them to cease their pursuit.
No defense statements have been submitted yet concerning this lawsuit filed earlier this month. The allegations within have yet to be tested in court.
A spokesperson for Durham Regional Police acknowledged awareness of the lawsuit but could not comment due to it being “part of an ongoing investigation and legal process.”
has reached out to both officers for comments but has not received responses. Lawyer Lawrence Gridin, representing Flynn in his criminal case, declined any comments regarding the lawsuit Thursday.
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Dashcam footage shows van driving wrong way before fatal Highway 401 crash
Milica Maljkovic Birkett found herself caught up in a police chase during her Monday commute. Dashcam video shows a van speeding towards her as police followed on Highway 401 in Whitby.
The family claims that Durham police failed to provide proper-if any-training for officers regarding pursuits aimed at apprehending suspects and did not instruct them to cease their pursuit.
No defense statements have been submitted yet concerning this lawsuit filed earlier this month. The allegations within have yet to be tested in court.
A spokesperson for Durham Regional Police acknowledged awareness of the lawsuit but could not comment due to it being “part of an ongoing investigation and legal process.”
has reached out to both officers for comments but has not received responses. Lawyer Lawrence Gridin, representing Flynn in his criminal case, declined any comments regarding the lawsuit Thursday.
Couple Still Enduring ‘Horrific Pain’ from Accident
Since that fateful day, according to their statement of claim, both Gokulnath and Ashwitha have faced mounting medical expenses due to “sustained permanent and serious injuries and impairments,” resulting in lost income as well as diminished 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,” states their claim. The couple has also been unable to manage household tasks or home maintenance since then as mentioned in their claim. The family is being represented by lawyers Brad Moscato and Adam Wagman with Howie, Sacks & Henry LLP; they stated via email that they are “working to ensure that a thorough investigation is conducted so that the family can get answers they deserve about how this terrible incident occurred.” The statement continues: “The family hopes that this heartbreaking event leads to careful reviews about how pursuits are authorized so clear standards can be established consistently. Public safety must remain our top priority.”Source link
