MISSISSAUGA, ON, April 5, 2017 /CNW/ - A Mississauga family whose 15-year-old daughter was struck and killed by an SUV has filed a $4 million damages suit against the City of Mississauga, the Region of Peel and the driver involved in the collision, alleging better street lighting may have prevented Madeleine Petrielli's death.
"Not just one, but five street lights were out at the intersection the night of this tragic collision and for several days leading up to it," said Michael Smitiuch, of Smitiuch Injury Law PC, the lawyer representing the girl's family. "The City and Region have a responsibility to this family and the public to do their part to protect pedestrians. Fixing a few street lights seems a small price to save lives."
On December 2, 2016, at approximately 8:24 p.m., 15-year-old Madeleine Petrielli, who was on her way home, was crossing Britannia Road West from the south to the north side at Glen Erin Drive in Mississauga when she was suddenly struck and killed by the driver of an eastbound SUV. Petrielli died of her injuries in hospital.
The speed limit at the intersection of Britannia Road and Glen Erin Drive, a frequent crossing for students, has now been reduced from 70 to 60 km/h. An engineer who assessed the lighting at the intersection has concluded that it fell far below minimum safety standards the night Petrielli was killed.
Smitiuch alleges in the Statement of Claim that the City of Mississauga and the Region of Peel failed to ensure the intersection was safe for pedestrians by maintaining proper street lighting.
"Madeleine and far too many others have lost their lives at the hands of drivers while crossing the street," added Smitiuch. "This case serves as a stark reminder for all municipalities to make sure they're doing everything possible to improve pedestrian safety. Crossing the street should not be a matter of life and death."
Last year, Smitiuch represented a man who was left a quadriplegic in a collision. The trial judge found the City of Hamilton liable for the collision after failing to repaint a faded stop line at a cost of approximately $100.
SOURCE Smitiuch Injury Law PC