Angie and Andrew Williams at the funeral of their two daughters who were killed when the minivan they were riding in was struck by a train - 21 Jun 2012 Tyler Brownbridge.

24 May 2013

Woman Files $9.1 Million Lawsuit Against Husband - Rail Company - Town for Fatal Crash

Lakeshore Ontario - A St. Joachim woman is suing her husband, Canadian Pacific Railway, and the Town of Lakeshore for a 2012 train-minivan crash that claimed the lives of two of her young children.
 
Angie Williams has filed a $9.1-million lawsuit claiming negligence, seeking damages for herself and her two surviving children.
 
Andrew Williams was driving his 2000 Dodge Caravan on Strong Road 10 Jun 2012 with his four children, Jasmyn then 1 1/2, Brooklyn 3, Dryden 4, and Wynter 6, as passengers. About 9:35 a.m., the van was struck by a westbound train at a level crossing north of County Road 42.
 
Wynter and Brooklyn suffered fatal injuries. Dryden suffered what has been described in the lawsuit as "severe and permanent" injuries that have left him with physical and cognitive impairment.
 
"He will be restricted in his ability to function in his daily activities on a permanent basis," the statement of claim says.
 
Among the allegations against Andrew Williams are that he was speeding or using his cellphone at the time of the crash. In a shotgun approach common in negligence lawsuits, the lawsuit further claims that he was an "incompetent driver", he was "under the influence of intoxicants or drugs", and was "affected by fatigue".
 
The lawsuit also alleges the minivan had mechanical defects.
 
None of the allegations contained in the statement of claim has been tested in court.
 
Lawyer Greg Monforton, who filed the lawsuit on behalf of Angie Williams and her surviving children, said the statement of claim addresses "all potential instances of negligence against all parties."
 
He said Andrew Williams is named as a defendant as "an insured driver" and that he and his wife are still together.
 
"It's always prudent in any motor vehicle incident to sue both drivers."
 
Also being sued is the unnamed train engineer.
 
Monforton said the lawsuit is "in the process of being served" on the defendants. There was no indication in the Superior Court file that any of the defendants have received copies of the lawsuit.
 
The Town of Lakeshore did not return phone messages from The Star and CP Rail declined comment.
 
The railway company also refused to say how many times it has been sued in the past.
 
The crossing, like many in Lakeshore, has only unlit signs warning of tracks ahead, no flashing lights, bells, nor gates.
 
The crash led to public calls for improvements to that crossing and other level crossings like it. The federal Transportation Safety Board declined to investigate the crash, believing there was nothing to be learned from it to improve public safety in the future.
 
"What the entire family wants is answers," Monforton said. "They want to prevent this type of tragedy from ever happening again."
 
The allegations against the railway company and the municipality concern the lack of signals at the crossing, and their "failure to make the crossing safe for the public," Monforton said.
 
He said it is the family's position that the crossing should have signals, lights, and bars to warn and prevent people from making the same mistake Andrew Williams did.
 
"If Andrew had been prevented from driving onto the tracks, this incident would not have occurred and those children would still be alive."
 
Sarah Sacheli.

Vancouver Island
British Columbia
Canada