Alex Gillespie's Family Sues the TTC and Toronto Police for $2 Million

[Andrew4Life]

So I was going through the Toronto Star news articles and came across the incident where a kid got ran over and killed by a TTC bus. But I was surprised to see that the parents are suing the TTC and the Toronto Police. I thought it was only in the USA that you can sue for anything. What do you guys think the outcome will be?

Now, I do feel sorry for the kid who died, it's quite a tragedy since he alledgedly wasn't drinking or taking drugs and was there for only about 20 minutes, but he made a decision to jaywalk, and his decision was simply a bad one.

The parents are blaming the TTC driver for going too fast (57KM/h instead of the posted 50KM/h), not stopping at the bus stop (even though presumably the bus was full so he couldn't pick up anyone else anyways), and
The parents are blaming the Toronto Police for not having more officers on scene (the police found out before hand that the event was going to occur and sent 36 officers to the area).


Simple rebuttal to these two.
1) Regardless of whether the TTC driver was going 57KM/h, or 50KM/h, or even for argument sake, 40KM/h, there is no way the driver can stop a 10 tonne bus in time if the kid jumps out into traffic. Besides, when was the last time any of you drove at/below the speed limit. As for the parents saying the driver moved into the passing lane. So what? When buses are full, there is no rule that says they have to stop at every stop.
(What I think happened, was that the kid thought the bus was going to stop at the bus stop, so he decided to jaywalk. Unfortunately, since the bus was full, the bus driver wasn't going to stop so he goes into the passing lane, speeds up and when he sees the kid, he's too late to stop in time.)

2) Regardless of whether there were 36 police or 360 police, if someone jaywalks, the police can't really control it. I guess the argument from the parent's point of view, is that the police could direct traffic and funnel people across the street, etc. But still, the bus was going on a green, and he could have still jaywalked when the police are around.


I think the parents should accept that if you make bad decisions, bad things will happen. Unfortunately for them, it happened to their kid.
This also reinforces the point why jaywalking isn't always a good idea, and if you do it, be sure that traffic is far away, or that it is stopped.


http://www.thestar.com/news/article/1182743--alex-gillespie-s-family-alleges-negligence-by-ttc-police-in-bus-death


Here is an excerpt.



Who’s fault was this accident?

Clearly, Alex was crucially at fault for putting himself in the middle of the road, amidst traffic. He wasn’t a child, darting into the street, unaware of the danger. But he did what likely all of us have done at times, which was to cut through traffic, ignoring the traffic light close by. Tragically, he paid for that error of judgment with his life.

His grieving parents, however, believe there is an abundance of blame to go around — negligence by police, negligence by the TTC — and they’ve made it their mission to expose alleged mistakes, some systemic, others attributed to individuals, in their pursuit of justice. On Wednesday, the family filed a $2 million suit against the transit authority, the bus driver — identified as Gary Steadman — and the Toronto Police Services Board.

SOURCE: http://www.thestar.com/news/crime/article/1183181--dimanno-teen-s-bus-death-not-a-simple-matter-of-jaywalking#article

[Coke355mL]

Totally agree. I don't see how the TTC nor the TTC bus driver could be held liable. It's not their job to look out for idiotic kids jay walking. It was the kid's idiocracy that got him killed, not the fact that the bus driver was going over the limit by 7 km/h.

The parents should be partly at fault for not raising their kid better. It's tragic and the parents are too narrow-minded to accept that their kid made a bad decision.

[outsiderzedge]

Totally agree. I don't see how the TTC nor the TTC bus driver could be held liable. It's not their job to look out for idiotic kids jay walking. It was the kid's idiocracy that got him killed, not the fact that the bus driver was going over the limit by 7 km/h.

The parents should be partly at fault for not raising their kid better. It's tragic and the parents are too narrow-minded to accept that their kid made a bad decision.

Wow. You're blaming the kid's decision to jay walk on bad parenting? You've never jay walked before? Are you so perfect that you're going to raise your kids to follow every single rule in this world?

And look up idiocracy, idiot.

ITT: rfders are an elite race.

[manmanny]

Wow. You're blaming the kid's decision to jay walk on bad parenting? You've never jay walked before? Are you so perfect that you're going to raise your kids to follow every single rule in this world?

And look up idiocracy, idiot.

ITT: rfders are an elite race.

LOL. well said. These are elite educated fail.

WHy driving at 57 in 50KM/h is not wrong? I watched the parents interview. I agree with parents. Why there were no cops nowhere near?

[Supercooled]

The parents jyst want someone to blame. wouldn't make sense to blame their dead son so bLame the entity that took him away from them. if he was struck by lightning they'd blame the weather bureau for not issuing an alert. I sympathize for their grief but this won't go far.

[renoldman]

It's a cascading effect.

Some parents do not take any responsibility on the upbringing of their children.

They never discipline them or teach them what is right or wrong.

Because kids are not disciplined at home, they believe they are always right and that everyone else is responsible for them.

It is sad that someone died, but if his parents taught him and disciplined him then he would of understood what could happen.

People should take responsibility and in the case of a jaywalker, the person doing it should be held at least 50% responsible and sometimes even 100%

But, in today's society no one wants to take responsibility for their own well being. It's always someone's fault if something bad happens.

[Powder + park raider]

the truth hurts but, darwin just kicked in, yo.

the parents were probably like "well nothing can bring the kid back, might as well sue and try to get some $$$"
hope they lose and get a stuck with an invoice from their lawyer.

[_Allan_]

1 - Alex broke the law and jay-walked, probably without checking for cars (much like 70% of his generation who does this.)
2 - The bus driver was breaking the law speeding, but, 99% of people in the city of Toronto do 5-10km over the limit. He should be given a fine, and a 3 month suspension max.
3 - The police did NOTHING wrong. They didn't have TIME or MAN POWER to contact TTC and alert them to "thousands of kids crossing illegally".
4 - The Gillespie parents failed in parenting, by NOT teaching their son to look both ways. NOW, they want to get free money, that they don't deserve.

[InfidelInfantry596]

LOL. well said. These are elite educated fail.

WHy driving at 57 in 50KM/h is not wrong? I watched the parents interview. I agree with parents. Why there were no cops nowhere near?

There's no cops near because Toronto is massive. The budget isn't large enough to have officers on every street corner and alleyway.

Kid shouldn't have been jaywalking, 'nuff said. They say look both ways before you cross the street for a reason.

[Andrew4Life]

......
The parents should be partly at fault for not raising their kid better. It's tragic and the parents are too narrow-minded to accept that their kid made a bad decision.


Wow. You're blaming the kid's decision to jay walk on bad parenting? You've never jay walked before? Are you so perfect that you're going to raise your kids to follow every single rule in this world?

And look up idiocracy, idiot.

ITT: rfders are an elite race.

I personally don't think it's really the parent's fault. I mean, after all, the kid might have had other things on his mind and he just wanted to rush home. Or maybe he usually doesn't jaywalk, but this was a special circumstance where he was with someone else? Or chasing someone?
Who knows.
No need to argue and go into a flame war here. :P Keep it civilized here


There are definitely different things that could have lead to a happier ending.
The kid not going to the party in the first place.
The bus driver stopping at the bus stop.
A police who happens to be there to direct traffic.
Parents who drill the fact that he shouldn't jay walk.

We can sit here all day thinking of possible factors that lead to this, but I think we can all agree that the fault is not of the TTC nor the Toronto Police.

I'm simply surprised that the parents would try to sue the TTC and the Toronto Police about this. :confused:

[transitguy1]

I'm sure many of you drivers have encountered this so many times, but its usually the fact that a lot of teenage/young adult jaywalkers do it for fun, it is like they are actually challenging the motorists to hit them so they can sue, get insurance money, or just for the fun of it, to make a motorists life miserable, etc.....they see cars approaching and still jaywalk and give attitude to the motorist if the motorist honks to alert them.

I'm surprised this does not happen daily in Canada. Where the criminals can sue the victims. Ancient laws

[transitguy1]

I hope the TTC counter-sues the parents for wrongly suing the TTC

I hope the Police sue the parents for them wrongly suing the police

Do the parents have a home? Watch them move into an rental apt soon?

[DoinkTheClown]

1 - Alex broke the law and jay-walked, probably without checking for cars (much like 70% of his generation who does this.)
2 - The bus driver was breaking the law speeding, but, 99% of people in the city of Toronto do 5-10km over the limit. He should be given a fine, and a 3 month suspension max.
3 - The police did NOTHING wrong. They didn't have TIME or MAN POWER to contact TTC and alert them to "thousands of kids crossing illegally".
4 - The Gillespie parents failed in parenting, by NOT teaching their son to look both ways. NOW, they want to get free money, that they don't deserve.

thank god a clown like u is not someone who creates laws. this world would be upside down vomiting if some1 like u controlled the law or was a judge

[manmanny]

There's no cops near because Toronto is massive. The budget isn't large enough to have officers on every street corner and alleyway.

Kid shouldn't have been jaywalking, 'nuff said. They say look both ways before you cross the street for a reason.
Yep. Toronto is too big. Too many Tim Horton to have free coffee and doughnuts...or overtime at construction sites.

[manmanny]

And they were present as per Star article. I have not read it in full. And I wont as I hate Star and Rosie.

"On the hot summer night of Aug. 19, 2010, the entire area swarmed with hundreds — perhaps upwards of 4,000 — young people, drawn to the location by an open beach party invitation on Facebook. Police knew about the event at least 24 hours in advance because they apparently look at Facebook too. Thirty-eight officers had been deployed, some on horseback and some on bicycles, some in ATVs, others on foot as they began marshalling the crowd away from the water’s edge and parallel strip of grass."

"A TTC log, retrieved from vehicle data, shows the bus accelerated from 34 km/h to 57.6 km/h at the point where it hit Alex."

[Powder + park raider]

thank god a clown like u is not someone who creates laws. this world would be upside down vomiting if some1 like u controlled the law or was a judge

look at this, a clown falsely calling another a clown. jokes.

[Xpwmata]

http://www.thestar.com/news/article/1182743--alex-gillespie-s-family-alleges-negligence-by-ttc-police-in-bus-death?bn=1

In their statement of claim, the family said they “have suffered nervous shock and psychological trauma,” and are seeking compensation for counseling and health care, among other expenses.

Who's paying for the bus driver's counseling, health care...etc.. This guy is probably scarred for life, can he ever get behind the wheel of a bus again?

Come on kid.............., you couldn't hear or see a TTC BUS coming at you head on at 60 clicks?........................:facepalm: .............................Very unfortunate.

[_Allan_]

thank god a clown like u is not someone who creates laws. this world would be upside down vomiting if some1 like u controlled the law or was a judge
You're the pot, calling the kettle black there bubba.


look at this, a clown falsely calling another a clown. jokes.
He or she must be a friend of Alex's.

[olevia 747i]

I don't blame neither the TTC driver nor the Police in this case.

[jacobe]

I feel sorry for the parents to have lost their son but this case will be a waste. Alex jaywalked. TTC bus accelerated over the limit and the police weren't able to organize the disperse of the party but the TTC and police weren't at fault for Alex's death. He shouldn't have jaywalked.

[Shaner]

Someone educate me on this case. How could the police possibly have known this was going to happen? Why would they have sent police to the area before the incident even happened?

EDIT: Nevermind, just read the article. I can't believe the parents are blaming the police. Why should the police have to send officers out to babysit kids who decide to throw a party?

[tsat]

Someone educate me on this case. How could the police possibly have known this was going to happen? Why would they have sent police to the area before the incident even happened?

EDIT: Nevermind, just read the article. I can't believe the parents are blaming the police. Why should the police have to send officers out to babysit kids who decide to throw a party?

This is exactly the problem... For some reason a portion of parents have begun expecting that someone is doting on their kids whenever they aren't. The police are not personal babysitters... Your kid really needs someone to 'funnel' them to a crosswalk?

From the article:

Not 20 metres to the left is a crosswalk with traffic light.


I feel bad for the parents loss but COME ON. Your kid jay-walked instead of walking a mere 20 meters to a crosswalk and got hit by a moving vehicle because of his poor decision. Heaven forbid that they admit their son made a bone-head move and suffered a consequence of said stupid decision.

What ever happened to parents blaming themselves?

[gizmo8]

Wow. You're blaming the kid's decision to jay walk on bad parenting? You've never jay walked before? Are you so perfect that you're going to raise your kids to follow every single rule in this world?

And look up idiocracy, idiot.

ITT: rfders are an elite race.

if I pulled out a knife and slashed myself when I was drunk can I sue the knife maker?...common sense the kid was drunk,he jay walk in front of a bus,if that was normal all those at the party would have done the same,the police didnt know about the party until it was too late and even then they put all the resources they had there since this was not a license event the city couldnt have staff there also...sad for the family losing a child but to get financial rewards from it is wrong....

[starkiller2010]

Wonder how the bus driver going over 7km/h over the speed limit is going to affect the case. At the end, police are not responsible for people jaywalking without looking out for traffic. While I feel bad for the parents, seems like they are just trying to make a quick buck ala American style.

[45ED]

As someone mentioned in the comments section of the Star, I believe, I'm surprised the parents aren't going after the organizers of the beach party. I guess the police and the TTC are easier, bigger, more visible targets?

[tsat]

As someone mentioned in the comments section of the Star, I believe, I'm surprised the parents aren't going after the organizers of the beach party. I guess the police and the TTC are easier, bigger, more visible targets?

No... It's because they actually have money.

Some punk on facebook living at mom and dads doesn't have any resources to hand over the settlement they parents are looking for.

[manmanny]

if I pulled out a knife and slashed myself when I was drunk can I sue the knife maker?...common sense the kid was drunk,he jay walk in front of a bus,if that was normal all those at the party would have done the same,the police didnt know about the party until it was too late and even then they put all the resources they had there since this was not a license event the city couldnt have staff there also...sad for the family losing a child but to get financial rewards from it is wrong....

Really? You think people dont? Iditarod winner has done that.
No clue if he won or not.
http://media.adn.com/smedia/2012/05/11/21/45/1oI48o.Hi.7.jpg

[whampoa]

the truth hurts but, darwin just kicked in, yo.

the parents were probably like "well nothing can bring the kid back, might as well sue and try to get some $$$"
hope they lose and get a stuck with an invoice from their lawyer.

I am thinking the same, minus the Darwin part.

Anyhow, the parents is in the denial stage until they face up to the truth.

[spike1128]

Parents just want to collect some cash.

Any of you would, if your son or daughter jaywalked and got hit by a bus. I sue them for 5 million yo! Here is the ticket for getting riches. Actually I rather my son or daughter lived instead of collecting the money.

[Shaner]

Anyone have a Google street view of the exact spot he was hit? Was the bus in a normal lane, or did the bus pull into one of those little bus bays but didn't stop? It could potentially make a difference in a lawsuit. Still not sure why the hell anyone would step out in front of a bus though.

[45ED]

Anyone have a Google street view of the exact spot he was hit? Was the bus in a normal lane, or did the bus pull into one of those little bus bays but didn't stop? It could potentially make a difference in a lawsuit. Still not sure why the hell anyone would step out in front of a bus though.

http://www.torontosun.com/2012/05/23/bus-victims-family-sues-ttc-toronto-police

Based on the wreath of flowers/plant on the pole and the assumption that they're holding the press conference in around the spot where he died, it seems to be here.

http://maps.google.ca/maps?q=Woodbine+Beach&ll=43.664463,-79.305472&spn=0.00071,0.002411&hnear=Woodbine+-+Lumsden,+Toronto,+Toronto+Division,+Ontario&t=k&z=19&layer=c&cbll=43.664462,-79.305985&panoid=HFWBd6n6QTEi70BcgO_jCg&cbp=11,277.38,,0,-1.26

And if so, then :facepalm: :(. It's one thing to jay-walk/cross the street when both ways are clear and the crossing is a goodly 10 minutes away. But that wreath pole to that cross walk is not even, what, 10? 15 feet?

[ShopperfiendTO]

If ED45's post is correct as to location, it's also basically a highway in the city.

The TTC and TTC driver should countersue the parents or the estate of Alex for the psychological trauma he's suffered and will suffer for a long time, driving along and then all of a sudden, *WHACK* (or *THUD*). The riders on the bus should also sue for getting delayed from getting home [as in, it's an accident, no one sues anyone].

[alkaseltzer01]

If the TTC and police were so wrong, how come just one kid died.

[Keigotw]

http://www.torontosun.com/2012/05/23/bus-victims-family-sues-ttc-toronto-police

Based on the wreath of flowers/plant on the pole and the assumption that they're holding the press conference in around the spot where he died, it seems to be here.

http://maps.google.ca/maps?q=Woodbine+Beach&ll=43.664463,-79.305472&spn=0.00071,0.002411&hnear=Woodbine+-+Lumsden,+Toronto,+Toronto+Division,+Ontario&t=k&z=19&layer=c&cbll=43.664462,-79.305985&panoid=HFWBd6n6QTEi70BcgO_jCg&cbp=11,277.38,,0,-1.26

And if so, then :facepalm: :(. It's one thing to jay-walk/cross the street when both ways are clear and the crossing is a goodly 10 minutes away. But that wreath pole to that cross walk is not even, what, 10? 15 feet?

yep from the video on pulse 24 http://www.cp24.com/servlet/an/local/CTVNews/20120523/120523_TTC_Lawsuit/20120523/?hub=CP24Home
the cross is right behind the bus after the accident

[Andrew4Life]

http://www.torontosun.com/2012/05/23/bus-victims-family-sues-ttc-toronto-police

Based on the wreath of flowers/plant on the pole and the assumption that they're holding the press conference in around the spot where he died, it seems to be here.

http://maps.google.ca/maps?q=Woodbine+Beach&ll=43.664463,-79.305472&spn=0.00071,0.002411&hnear=Woodbine+-+Lumsden,+Toronto,+Toronto+Division,+Ontario&t=k&z=19&layer=c&cbll=43.664462,-79.305985&panoid=HFWBd6n6QTEi70BcgO_jCg&cbp=11,277.38,,0,-1.26

And if so, then :facepalm: :(. It's one thing to jay-walk/cross the street when both ways are clear and the crossing is a goodly 10 minutes away. But that wreath pole to that cross walk is not even, what, 10? 15 feet?

I just watched the video and heard what the father said:

"If the TTC and the police had done their jobs properly, my son, our son, would be alive today."

:idea:If your son wasn't jaywalking across the street, he would still be alive today. :idea:

See how easy that was?

[sandikosh]

I hope the ttc and police counter sue the parents for wasting their time.

[kingofwale]

funny, didn't go after the organizer of the party for lack of management, but went after TTC and police???

Maybe the family should also sue his elementary school for not teaching Alex the proper way to cross the street??

[D-Roc]

Gotta love when parents of a teen who screwed up want to blame everyone else escept their teen who was, in this case, the cause of his own death. And as someone above pointed out, they are only going after the ones with the deepest pockets. Not the organizers of the event who should have hired Officers to manage the crowd.