Suit alleges missing stop sign led to fatal crash

The question of whether a stop sign was missing at the intersection where a fatality happened near Langham last year is at the heart of a lawsuit filed by the man charged in the crash.

Robert Major is seeking $180,000 in general damages from the province. His two sons and girlfriend were killed in the crash at the intersection of Highway 16 and Range Road 3083 on Feb. 22, 2016.

Major, 33, is charged with criminal negligence and dangerous driving causing the deaths of four-year-old Brenden Major, nine-yearold Theodore Cardinal and 26-year-old Kimberly Oliverio.

He pleaded not guilty and was committed to stand trial following a preliminary hearing in January.

His statement of claim alleges there was no stop sign at the intersection when Major proceeded north and collided with a semi travelling westbound along Highway 16.

Langham’s fire chief, Bill McCombs, said the truck was going highway speed. He told the Saskatoon StarPhoenix the stop sign was down when he arrived at the scene and that it may have been a contributing factor in the fatal crash.

McCombs said a temporary sign was installed at the intersection of Range Road 3083 and the eastbound lanes of Highway 16 — located about 50 metres from where the truck and semi hit — sometime after the collision.

The province “knew or ought to have known” that the intersection was unmarked at the time and “recklessly failed to maintain proper and safe signage” designating the right of way for drivers approaching the intersection, the lawsuit alleges.

The claim goes on to allege that Major’s girlfriend and sons were injured and killed as a result of the government’s negligence, which includes failing to regularly inspect and maintain the intersection.

Statements of claim include allegations that have not been proven in court.

Major and the mother of his children are seeking $60,000 each for “grief and loss of the guidance, care and companionship” of their sons.

Oliverio’s parents are each entitled to $30,000 for the loss of their daughter, according to the claim.

Doug Wakabayashi, a spokesman for the Ministry of Highway and Infrastructure, said the government will not comment on matters that are before the court.

A statement of defence has not yet been filed.

In an interview shortly after the crash, Wakabayashi said it wasn’t clear what happened to the permanent stop sign at the intersection or when it was knocked down. He confirmed a temporary stop sign was put up after the collision.