St. Joachim mother files $9.1M lawsuit after fatal train crash
A multi-million dollar lawsuit has been filed by a St. Joachim mother nearly one year after a fatal train collision in Lakeshore.
The train collided with a minivan carrying a family of five. Two sisters did not survive.
The statement of claim obtained by CTV News says Angie Williams, whose daughters died in the June 10 crash, is holding multiple parties responsible, including one of her own family members.
“This family has a right to answers,” says lawyer Greg Monforton, who filed the suit on behalf of Angie Williams and her children. “And it would appear that the only way those answers would be given, is through this lawsuit."
A hefty suit in the amount of $9.1 million names CP railway, two of its workers and the Town of Lakeshore.
Angie Williams has also named her husband in the lawsuit.
“He's not loved any less by his family,” says Monforton. “At this point in time it's impossible to determine whether any action or inaction on his part may or may not have contributed."
Andrew Williams was driving his Dodge minivan carrying his four small children when it collided with a CP freight train last June.
Wynter, 6, and her younger sister Brooklyn died in hospital. Their four-year-old brother Dryden and 18-month-old sister Jasmyn survived.
The claim outlines Dryden's medical conditions, stating he sustained permanent injuries.
"It's impossible now to know the full magnitude of his injuries, but it is possible that he will require some degree of life long care," says Monforton.
Court documents detail multiple allegations against Andrew Williams, including that he was driving at a high and excessive rate of speed, he was also considered an incompetent driver and was affected by fatigue. It also claims Andrew was under the influence of intoxicants or drugs.
“It's legal due diligence to include every realistically reasonable allegation of negligence in the statement of claim," says Monforton.
Meantime, the suit claims CP failed to install proper warning signals at the crossing and neglected to erect a barrier preventing vehicles from crossing with an oncoming train.
It also claims the Town of Lakeshore failed to take corrective measures to prevent this incident from happening and neglected to demand CP to do so.
Monforton says trains in that area have a posted speed at 90 km/hour.
"Why are trains allowed to travel down a track at that speed across unprotected railway crossings?" says Monforton.
None of the allegations contained in the statement of claim have been proven in court.
As this is an active lawsuit before the courts, Lakeshore Mayor Tom Bain along with the Canadian Pacific Railway declined to comment.
The Transportation Safety Board has not released a report, saying there is nothing new to learn from this investigation.
CTV News also reached out to Angie and Andrew Williams, but has not been able to reach them.