Family Sues Durham Police After Deadly Highway 401 Crash

UPDATE: The family of a three-month-old infant killed in a tragic wrong-way crash on Highway 401 in Whitby, Ontario, is taking legal action against Durham police. The lawsuit, filed earlier this month, accuses police of “reckless judgment” in a chase that led to the deadly incident on April 29, 2024.

The plaintiffs, including parents Gokulnath Manivannan and Ashwitha Jawahar, are demanding $25 million in damages following the crash that claimed the lives of their child, along with the child’s grandparents, aged 55 and 60. This devastating event has left the family grappling with unimaginable loss and seeking justice.

Lawyers Brad Moscato and Adam Wagman from Howie, Sacks & Henry LLP described the family’s grief as overwhelming, emphasizing their commitment to uncovering the truth behind the tragic incident. “We are working to ensure that a thorough investigation is conducted so that the family can get the answers they deserve,” they stated. “This tragedy underscores the urgent need to balance crime prevention with public safety.”

On the fateful night, Durham Regional Police were alerted to a robbery at an LCBO near Green Road and Highway 2 in Clarington, Ontario, by an off-duty officer. Officers then pursued a U-Haul cargo van driven by Gagandeep Singh, 21, who was later killed in the collision. The police followed the vehicle as it traveled erratically, ultimately entering Highway 401 in the wrong direction, heading westbound in eastbound lanes.

Just moments later, a multi-vehicle collision occurred on Highway 401, east of Highway 412, resulting in the tragic deaths of the infant and his grandparents. The parents of the child suffered injuries in the crash, further compounding the family’s grief.

The statement of claim alleges that officers Sgt. Richard Flynn and Const. Brandon Hamilton exercised “negligent and reckless judgment” by continuing their pursuit under dangerous circumstances. The lawsuit accuses them of failing to consider public safety and available alternatives during the chase.

As of now, statements of defense have not been filed, and Durham Regional Police have not yet responded to requests for comment. Both Flynn and Hamilton are facing charges of criminal negligence causing death and bodily harm stemming from the incident.

The family’s attorney highlighted the hope that this heartbreaking event prompts a thorough review of police pursuit policies, stressing that “public safety must remain the top priority.”

This developing story continues to resonate deeply within the community, raising critical questions about law enforcement procedures and the impact of high-speed pursuits on public safety. As the family seeks answers, the legal proceedings will undoubtedly serve as a focal point for discussions on police accountability and community trust.

Stay tuned for further updates on this urgent situation as more details emerge.