Title: Family Sues Police After Fatal Wrong-Way Crash on Highway 401
A family is suing law enforcement after a tragic wrong-way crash on Highway 401 in Whitby, Ontario, resulted in the deaths of three loved ones. The lawsuit was filed by Gokulnath Manivannan and his wife, Ashwitha Jawahar, who were the only survivors of the April 29, 2024, collision. Their three-month-old son and Manivannan's parents were killed in the crash.
The couple, along with two other family members, is seeking $25 million in damages. They allege that the accident was caused by negligence on the part of the police officers involved, the police board, and the estate of the suspect who was being pursued at the time of the crash. The suspect, Gagandeep Singh, 21, was also killed in the incident.
The collision occurred after a police chase that began with an alleged robbery at a liquor store in Bowmanville. Officers pursued Singh as he drove the wrong way on Highway 401, approximately 50 kilometers east of Toronto. The Special Investigations Unit, Ontario's police oversight agency, reported that the chase ended in a multi-vehicle crash involving at least six vehicles.
The lawsuit claims that the officers, identified as Sgt. Richard Flynn and Const. Brandon Hamilton, acted recklessly by pursuing the suspect in the wrong direction without considering safer alternatives. The statement of claim asserts that while Singh drove with “wanton disregard” for others, the officers' decision to continue the pursuit was equally “reckless.”
In the aftermath of the crash, the couple has faced ongoing medical expenses due to serious injuries. They report suffering from “horrific pain and suffering, loss of enjoyment of life, and psychological trauma.” The lawsuit highlights their inability to perform household tasks and maintain their home due to their injuries.
The family’s legal representatives, Brad Moscato and Adam Wagman, expressed their commitment to ensuring a thorough investigation. They stated, “Law enforcement plays a vital role in keeping our communities safe. However, this tragedy underscores the urgent need to balance crime prevention with public safety.”
As of now, no statements of defense have been filed in response to the lawsuit. A spokesperson for Durham Regional Police acknowledged the lawsuit but refrained from commenting, citing the ongoing investigation. Both officers involved in the pursuit face criminal charges related to the incident, including three counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm.
The family hopes this tragic event will prompt a review of police pursuit policies to prioritize public safety. They are represented by Howie, Sacks & Henry LLP, who are advocating for answers regarding the circumstances surrounding the crash.