WHO’S TO BLAME?
Family of Mississauga teen killed while crossing the street files lawsuit against the city,
The family of a girl who was killed less than two weeks before her 16th birthday while crossing the street has filed a lawsuit alleging the City of Mississauga and others were at fault for inadequate lighting they say led to the collision.
Madeleine Petrielli was struck by a vehicle while crossing the street on Britannia Rd. W. at Glen Erin Dr. with her boyfriend shortly before 8:30 p.m. on Dec. 2, 2016.
The traffic light on Britannia Rd. was amber and the walk sign hadn’t yet lit up when she and boyfriend Thomas Grant began to cross the road, Grant said.
As Madeleine continued forward, she was struck.
Grant said his girlfriend never saw the car.
Had the intersection been better lit after dark, Madeleine would likely still be alive, her family claims.
None of the allegations have been proven in court.
On Wednesday, the family announced a $4-million lawsuit against the City of Mississauga, Peel Region, the utility company hired to maintain street lighting in Mississauga, as well as the driver involved in the collision. They allege each party was negligent, leading to Madeleine’s death.
“Our view is that blame is shared,” said Michael Smitiuch, a lawyer for the family. “What the family of Madeleine is trying to accomplish is to hold the city accountable.”
Five street lights at the intersection were out at the time, according to Smitiuch.
Following Madeleine’s death, the family hired an engineer to assess the circumstances at the time of the incident.
“That assessment found that the lighting on the night of Madeleine’s death fell far below the minimum standards required of the city,” Smitiuch said.
He said that according to the city’s requirements, lighting at the intersection should have been between 15 to 20 lux, a measurement of brightness.
But the study found it was only at 4.9 lux that evening, nearly one third the minimum requirement.
“It’s well established with studies and research that good lighting reduces pedestrian fatalities by 45 to 80 per cent and so it is our position that had the city met even the minimum standards that Madeleine would not have been killed,” Smitiuch said.
Carley Smith DeBenedictis, a spokesperson for the City of Mississauga, said in an email that the city received a copy of the statement of claim Wednesday morning and was in the process of reviewing the allegations. She said the city would investigate the allegations before responding.
Peel Region spokesperson Irene McCutcheon said in an email she wouldn’t be commenting “in light of the pending litigation.”
“We empathize with the family for their loss in this tragic circumstance,” she stated.
The Petrielli family’s lawsuit also named Alectra Power Services, the utility company contracted by Mississauga, as a defendant.
Blair Peberdy, Electra’s vice-president, corporate relations, said the company wasn’t aware of the lawsuit.
“We haven’t seen it. We’ll wait until we receive it, which we haven’t yet and we’ll take some time to have a look at it,” Peberdy said. “I’m not in a position to comment at the moment other than to say it’s obviously a very tragic situation.”
Aziz Sultan, who was driving the vehicle that struck Madeleine, and Tabraiz Sultan, co-owner of the vehicle, were both named defendants in the lawsuit. Neither could be reached for comment Wednesday.
Peel Police say they continue to investigate the crash and no criminal charges have been laid.
Speed was not a factor in the collision, police said.
Since Madeleine’s death, the speed limit at the intersection has been reduced from 70 to 60 kilometres per hour.
On Wednesday, Madeleine’s mother Nicole Burnat told media her life has been “completely different” since losing her daughter. “My daughter’s not walking through the door again. She’s not here to play with her little brother,” Burnat said. “Madeleine did well in school, Madeleine did well in everything that she did and I don’t get to be a part of that anymore. I don’t get to see what she’s going to become. She was15 years old. She had so much life ahead of her.
“My life has changed forever. I don’t have my little girl.” With files from Mississauga News