This week, the Regina Leader-Post reported that the estate and parents of Adam Herold, who was the youngest member of the Humboldt Broncos, are commencing litigation against the driver of the semi, the trucking company, and the manufacturer of the bus.
The Plaintiff’s Statement of Claim
On July 9, 2018, Russell and Raelene Harold, and the estate of Adam Herold, filed a statement of claim with the Regina Court of Queen’s Bench.
In addition to an unspecified amount in damages, costs, and expenses, the parties are also seeking several “declaratory orders,” which include:
- That the intersection in question be found “unsafe to drive on as it is currently designed and maintained,”
- That the sight lines for northbound traffic on Highway 35 are unsafe and do not allow drivers to see approaching traffic from Highway 335,
- That coach busses carrying sports teams in the province be equipped with shoulder harness seatbelts and other safety devices,
- That the roof of the bus was not designed to ensure it remained in place in an accident, and
- That all semi drivers pass “strict safety tests” before being allowed to haul “Super B Trailers” in Saskatchewan.
The Statement of Claim lists three defendants: Jaskirat Singh Sidhu, the semi driver, Adesh Deol Trucking Ltd., and the currently unidentified manufacturer of the bus that the Humboldt Broncos were driven in on the date of the accident.
In the Statement of Claim, the Herold’s argue:
- that all three parties were negligent; and
- intentional infliction of emotional suffering by that Sidhu and Adesh Deol Trucking Ltd. intentionally inflicted emotional suffering.
The Herold’s further claim that Singh was not sufficiently skilled to operate the semi, as he had only been driving with the company for two weeks and had received only the same amount of time in training.
Criminal Charges Laid
Just three days prior to the commencement of the Herold’s lawsuit, it was reported that RCMP had officially laid criminal charges on Jaskirat Singh Sidhu.
Sidhu faces 29 criminal charges in connection to a fatal motor vehicle accident that killed 16 people, including 10 members of the Humboldt Broncos hockey team. The criminal charges involve dangerous driving causing death and bodily injury.
The owner of Adesh Deol Trucking Ltd. indicated that he has effectively gone out of business as Alberta Transportation ordered his company to stop operating his only other truck.
We will continue to follow the lawsuit as it unfolds and will provide updates as they become available.
Mark Feigenbaum is known for effective, knowledgeable, strategic guidance and representation at every stage of litigation, including proactively managing issues to avoid a lawsuit, and effective advocacy leading up to, and during a trial or other hearing. Contact Mark online or call him at (905) 695-1269 or toll-free at (877) 275-4792 to book a consultation.