Families launch class-action lawsuit over Red Hill Valley Parkway, citing buried report

Two families are spearheading a$267-million class action lawsuit againstthe City of Hamilton on behalf of people who crashedon the Red Hill Valley Parkway (RHVP).

The lawsuit, which still needs to be certified, alleges"negligent design, construction and maintenance of the RHVP." It cites a now-infamous 2013 report showing the highway's pavement was well below UK safety standards for traction in some places, but that city council says it didn't know existed until earlier this year.

None of the claims have been proven in court.

A spokesperson for the city saidstaff are still reviewing the lawsuit so he was unable to comment on it.

The city is responsible for the "inferior products" used to surface the highway thatcauseddrivers slip, lose control and crash,according tothe statement of claim filed by Grosso Hooper Lawin Ontario Superior Court Thursday.

"I think that there's lots of innocent accident victims out there who have been waiting for the class-action," said lawyer Robert Hooper, adding he estimates it could involve up to 2,000 people based on the number of crashes on the RHVP since it opened in 2007.

Hooper said the suit currently involves fewer than 100 potential claimants, but noted plenty of people had contacted his office even before the lawsuit was filed.

"I think that there are lots of other people who are frustrated that they've either had to pay for property damage or lawyers, or traffic tickets or thought that their injuries ...were their own fault," he explained.

Families want to know if deaths could have been prevented

The suit is being lead by the families of CorinneKlassen and MichaelSholer. Klassen, a London homemaker, crashed on the highway in 2007. Sholerdied in a 2017 crash.

The suit names Klassen and her husband, along withfour members of the Sholer family.

It says Klassensuffered a concussion and musculoskeletal injuries in the crash that left her "totally disabled."

She's seeking damages for her injuries, anxiety, depression, loss of income and her family's mental distress.

The city hid this report for approximately62 months from the public and allowed traffic collisions to occur on a roadway that was unsafe.- Statement of claim allegation

The Sholer's are seeking damages including funeral costs and compensation for "negligent infliction of psychological damages."

Hooper saidmany whose loved ones died or were injured want answers.

"They want to get to the bottom of this and figure out whether the death of their family member could have been prevented if the city would have either fixed the road previously or done remedial action."

The lawsuit allegesthe city knew, or should have known the roadway wasn't safe and instead "hid" the report and didn't acknowledge its existence until January 2019.

"The city hid this report for approximately62 months from the public and allowed traffic collisions to occur on a roadway that was unsafe and in a state of non-repair," the lawsuit reads.

Before it can proceed ajudge will have to certify that the lawsuitis suitable for being dealt with as a class action, as opposed to each case being dealt with individually.

Resurfacing and judicial inquiry underway

The city has made millions in upgrades to the highway and taken a variety of steps to address safety over the years. It's currently resurfacing the highway, which is happening sooner than originally scheduled because of the discovery of the 2013 report from Tradewind Scientific.

The firm conducted friction studies in 2013. The findings were delivered to the city, but the report was placed in a locked file on the city's network. It wasn't until February of this year that council revelaed its existence. City staff issued a formal apology to councillors and the public.

A judge is also conducting a judicial inquiryinto the matter.