Lawsuit filed in 2017 downtown bus crash

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This article was published 26/04/2022 (1415 days ago), so information in it may no longer be current.

A lawsuit has been filed in a 2017 case in which a youth allegedly stole a car and collided with a bus, leaving a hole in the side of a downtown building that has yet to be fixed.

The lawsuit was filed by Samson Engineering in Winnipeg on Nov. 29, 2021, against the City of Brandon, the youth who stole the car, Brightscape Endeavours, Jesse Dourado, Leanne Taylor, and bus driver Peter Roberts. The youth was under 18 at the time of the incident, so he cannot be named.

Samson Engineering’s statement of claim alleges that on Oct. 6, 2017, the youth, who at the time was in the care of Brightscape Endeavours, stole a vehicle owned by Dourado, the CEO of the group-home operator.

Brightscape is a former group-home operator in Brandon. The provincial government announced it was terminating its agreement with the company after “significant” financial deficiencies. The agreement ended on June 18, 2021.

The youth allegedly drove the stolen car north toward Princess Avenue and turned left onto Princess Avenue, heading west toward 10th Street “at a high rate of speed,” the statement of claim reads.

At the same time, the Brandon Transit bus was travelling north on 10th Street toward Princess Avenue.

The youth allegedly drove through a red light at the intersection of Princess Avenue and 10th Street, colliding with the bus as it was heading north.

“As a result of the impact between the Vehicle and the Bus, [the driver] lost control of the Bus and struck the Building,” the statement reads.

“The Collision and the associated loss and damage were caused by the breaches of duty and negligence of the defendants.”

The statement of claim lays out several allegations, including that Brightscape and Dourado failed to ensure employees were properly trained to supervise high-risk youth in care, failed to properly supervise the youth who stole the car and failed to “provide adequate resources to employees to ensure they could adequately supervise high-risk youth in care.”

The youth drove in a “careless and reckless manner” and failed to stop at the red light, according to the statement of claim.

It further alleges the bus driver failed to keep a proper lookout and drive the bus with “reasonable care,” and failed to “exercise reasonable care to prevent the Collision.”

The claim also alleges Taylor, who was an employee of Brightscape, failed to properly supervise the youth and make sure he didn’t get access to the vehicle.

It does not lay out a specific claim amount, only “damages in an amount to be proved at trial,” but says the defendants are liable for the cost of repairs.

The claims laid out are allegations at this point and have not been tested in court.

The damage to the building has not been repaired and a large black tarp covers the hole in the side of the building facing 10th Street.

In a joint statement of defence from the city, Dourado and Roberts, it says the force of the vehicle hitting the bus caused the collision and Roberts “could not avoid the Collision.” The defence was filed on Jan. 12.

“The Lincoln was travelling towards the Bus at such a high rate of speed that Roberts could not take any, any reasonable or sufficient measures to avoid the Collision,” it reads.

It further denies Dourado gave consent for the youth to take the vehicle and says Dourado “acted as an ordinarily prudent person would have acted in permitting Taylor to use the Lincoln.”

The statement of defence contains a cross-claim against the youth who was driving the vehicle, stating he took it without consent and drove it in a “careless and reckless manner” and without a licence.

In a separate statement of defence for Brightscape Endeavours and Taylor filed on Feb. 25, it alleges Taylor parked the vehicle to run an errand, turned it off and took the key fob with her. The youth stayed in the vehicle and “unknown to Taylor, [the youth] climbed into the front seat and started the vehicle while the key fob was in range.”

Taylor then tried to hit the emergency button on the key fob, the statement says, and “exercised reasonable care to prevent unauthorized use of the vehicle.”

It also denies Brightscape failed to ensure employees were properly trained and says both Taylor and the youth were properly supervised.

It also contains a cross-claim against the youth, the city and Roberts.

As of Tuesday, the youth, who was 12 at the time and is now 17, had not filed a statement of defence. He pleaded guilty to a number charges in 2017, including theft of a motor vehicle, according to a Brandon Sun story from the time.

The Sun went to his last known address listed in court documents for comment, but was told he does not live there.

A spokesperson for the city said the city “has no comment at this time” and the case is being handled by the city’s insurer, who assigned legal counsel.

The Sun contacted Anthony Lafontaine Guerra, the lawyer listed as representing the city, Dourado and Roberts, for comment. A statement from Kristy Rydz, the manager of communication at Manitoba Public Insurance, said the corporation can’t comment on the lawsuit.

“As this is an active matter of litigation, MPI respectfully declines to comment at this time.”

The Sun also reached out to Lynda Troup, the lawyer listed as representing Brightscape Endeavours and Taylor, as well as Michael Finlayson, who represents Samson Engineering, but did not hear back by press time.

The Manitoba Court Registry System does not list any upcoming hearings in the case.

» dmay@brandonsun.com

» Twitter: @DrewMay_