A family that experienced the tragic loss of three members in a deadly wrong-way collision on Highway 401 last year has initiated legal action against the officers, police board, and the estate of the deceased suspect who was also involved in the crash being pursued by the police.
Gokulnath Manivannan and Ashwitha Jawahar, the surviving couple from the April 2024 incident, lost Manivannan’s parents and their three-month-old child in the devastating crash.
The lawsuit, filed by the couple and two other relatives, seeks $25 million in compensation, alleging that the negligence of the defendants, including two officers, Durham Regional Police, Ontario Provincial Police, and the suspect’s estate, led to the accident and subsequent injuries.
The collision occurred on April 29, 2024, following a police pursuit originating from an alleged liquor store robbery in Bowmanville, Ont. The suspect drove the wrong way on Highway 401 in Whitby, resulting in a fatal collision involving at least six vehicles and the tragic death of the suspect.
Sgt. Richard Flynn and Const. Brandon Hamilton from Durham Police are facing charges related to the collision after an investigation by the Special Investigations Unit (SIU).
The family’s legal claim asserts that while the suspect acted recklessly endangering their lives, the officers’ decision to engage in the pursuit without considering alternatives was also reckless, leading to fatalities and injuries.
The family accuses Durham police of inadequate training on suspect apprehension pursuits and failing to intervene to stop the pursuit.
As of now, there have been no responses filed in the lawsuit, which was lodged recently and awaits court scrutiny.
Durham Regional Police declined to comment, citing an ongoing legal process. Efforts to contact the involved officers for their input were unsuccessful. Lawyer Lawrence Gridin, representing Flynn in the criminal case, refrained from commenting on the lawsuit.
The couple continues to suffer from severe injuries, incurring ongoing medical expenses, loss of income, and diminished earning potential since the accident.
Represented by lawyers Brad Moscato and Adam Wagman from Howie, Sacks & Henry LLP, the family seeks a comprehensive investigation to uncover the circumstances surrounding the tragic incident and to advocate for enhanced standards in police pursuits to prioritize public safety.