A family that lost three members 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 while being pursued by police.
Gokulnath Manivannan and his wife Ashwitha Jawahar were the only survivors of the April 2024 collision that took the lives of Manivannan’s parents and their three-month-old son.
The couple, along with two other relatives, is seeking $25 million in damages through their lawsuit.
The suit claims that negligence from those involved, including two officers present at the scene, Durham Regional Police, Ontario Provincial Police, and the estate of the suspect they were chasing at that moment contributed to both the crash and subsequent injuries.
The incident occurred on April 29, 2024 after a police chase began due to an alleged robbery at a liquor store in Bowmanville, Ont., where law enforcement followed a suspect driving against traffic on Highway 401 in Whitby, located about 50 kilometers east of Toronto, according to Ontario’s police watchdog known as the Special Investigations Unit (SIU).
This pursuit culminated in a deadly crash involving at least six vehicles as reported by SIU earlier. The robbery suspect also lost his life during this incident.
Two Durham police officers, Sgt. Richard Flynn and Const. Brandon Hamilton, now face criminal charges linked to this collision following an investigation by SIU.
A statement included in the family’s lawsuit indicates that while the suspect drove “with wanton disregard” for others’ safety, so too did officers when they decided to chase him while he was going against traffic on Highway 401 – ignoring potential alternatives – which was deemed “reckless” leading to death and injury.
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 this police chase during her Monday commute. Dashcam video captures a van speeding toward her as law enforcement pursued it on Highway 401 in Whitby.
As for Durham police’s actions during this event, family members allege they failed to provide proper – or any – training concerning pursuits for apprehending suspects and didn’t instruct officers to terminate their chase.
No defense statements have been filed yet regarding this lawsuit which was initiated earlier this month. The claims within have not yet been tested in court.
A representative for Durham Regional Police stated that they are aware of this lawsuit but cannot comment further since it remains “part of an ongoing investigation and legal process.”
has made attempts to contact both officers involved for their comments. Lawyer Lawrence Gridin representing Flynn in his criminal case opted not to comment on these lawsuits Thursday.
Couple continues to suffer ‘horrific pain’ from crash
Since that fateful day mentioned above , the claim asserts that Gokulnath and Ashwitha have faced continuous medical expenses stemming from “sustained permanent and serious injuries and impairments,” causing them loss of income along with future earning potential.
“As a result of this accident and its aftermath , the Plaintiffs collectively have suffered horrific pain , suffering , loss enjoyment life because nervous shock , mental distress , psychological trauma ,” states statement claim.
Additionally , they’ve been unable perform routine household tasks noted within statement claim.
Their representation comes from attorneys Brad Moscato & Adam Wagman working with Howie , Sacks & Henry LLP who expressed via email they’re committed ensuring thorough investigation takes place providing family answers surrounding circumstances behind such tragic occurrence.
Within statement claim it mentions : “The family hopes heartbreaking event leads careful review regarding how when pursuits authorized making sure clear consistent standards always adhered public safety remains top priority.”
Dashcam footage shows van driving wrong way before fatal Highway 401 crash
Milica Maljkovic Birkett found herself caught up in this police chase during her Monday commute. Dashcam video captures a van speeding toward her as law enforcement pursued it on Highway 401 in Whitby.
As for Durham police’s actions during this event, family members allege they failed to provide proper – or any – training concerning pursuits for apprehending suspects and didn’t instruct officers to terminate their chase.
No defense statements have been filed yet regarding this lawsuit which was initiated earlier this month. The claims within have not yet been tested in court.
A representative for Durham Regional Police stated that they are aware of this lawsuit but cannot comment further since it remains “part of an ongoing investigation and legal process.”
has made attempts to contact both officers involved for their comments. Lawyer Lawrence Gridin representing Flynn in his criminal case opted not to comment on these lawsuits Thursday.
