The area where a fiery car crash took the lives of six young Barrie residents is described as "a trap" in a $3-million lawsuit filed by the family of one of the victims.
The statement of claim was filed in the Ontario Superior Court of Justice on March 28, 2024.
Haley Marin, Curtis King, Luke West, Jersey Mitchell, River Wells and Jason Ono-O’Connor, all of whom were in their early 20s, died Aug. 27, 2022 when the Hyundai they were in plunged into a construction hole in the middle of a closed McKay Road, between County Road 27 and Veterans Drive, at about 6 a.m.
The car was eastbound on McKay Road, according to the statement of claim, when it struck "the side of the concrete shaft that protruded from the ground around its edges at a height of approximately two feet or more.
"It is alleged that the Hyundai hit the side of the concrete shaft, flipped and ended up smashing over 15 feet into the bottom of the shaft. At some point, the vehicle caught on fire," the statement of claim says.
The statement of claim also says that "on the day of the accident there were no barricades, no fencing and if any warning signs these were clearly inadequate to protect the driver from the hazard."
The area is later described in the statement of claim as "a danger and a trap for motorists."
The word "trap" is used four times in the statement of claim to describe the area.
The statement of claim also describes the crash scene in, to add clarity, what it calls a simile: "The placement of the concrete shaft and lack of warning and lack of barricades and/or fencing would be like, without any warning, someone installing an empty 15-foot-deep underground swimming pool with a two-foot lip on the country road overnight without alerting the public."
The plaintiffs in this lawsuit are Kimberly More, mother of Haley Marin, along with Haley’s brothers Cody and Aidan Marin. They are each suing for general damages of $1 million against the defendants.
The defendants are the Corporation of the City of Barrie, Condrain Company, John Doe, Erin Mitchell, Watersand Construction, Erritt Construction, Schaeffers Consulting Engineers, and Alley Nightclub.
"The plaintiffs allege that the aforesaid accident and resulting injuries and damages were caused solely as a result of the joint and/or several negligence of the defendants," the statement of claim reads.
John Doe was the car’s driver, but it’s unknown who was driving the Hyundai at the time of the crash.
Erin Mitchell, who is the mother of Jersey Mitchell, owned the car which crashed.
None of the allegations have been tested nor proven in court.
Most of the defendants contacted for comment on the statements of claim by BarrieToday did not respond.
"Because the matters are before the courts, we will decline to comment at this time," said Iain Peck, lawyer for Schaeffers.
The City of Barrie is named in the lawsuit because its responsibilities include "governing construction regulations and safety within the City of Barrie, Ontario," the statement of claim says. "They failed to take necessary precautions to ensure the safety of the public roads."
Condrain, hired by the city, "was at all material times responsible for the safety of the public at the site of the subject incident," says the statement of claim. "They failed to have adequate warning signs (or had none at all) indicating the presence of the concrete shaft which the car plunged into."
The driver, John Doe, "failed to slow down, turn out or stop as to avoid the accident," the statement of claim says. "He entered a construction zone when he knew, or ought to have known, it was dangerous to do so."
The statement of claim also says "he operated his motor vehicle while his ability to do so was impaired by alcohol, drugs, fatigue, stress, or a combination thereof, or because he failed to wear proper corrective lenses."
John Doe consumed alcohol at the Alley Nightclub, located at 34 Dunlop St. E. in Barrie, on or about Aug. 26, 2022 and Aug. 27, 2022, the statement of claim says.
"It is alleged that the Bar, by and through its employees, servants or agents, continued to serve alcoholic beverages to John Doe despite signs that he was intoxicated to an extent that he was likely to represent a danger to himself and others if he were to operate a motor vehicle," the statement of claim says.
"As a result of the Bar’s negligence, John Doe operated a motor vehicle while impaired by alcohol, leading to a motor vehicle accident that resulted in the wrongful death of Haley Marin," says the statement of claim.
Lazy Ty Inc. d.b.a. Alley Nightclub, on June 13, 2024, filed a statement of defence and cross-claim with the Ontario Superior Court of Justice.
In its statement of defence, "Alley denies that the defendant, John Doe, attended at the Premises on Aug. 26/27, 2022."
"Alley denies that it served John Doe any alcoholic beverage on or about Aug. 26/27, 2022" and that "Alley denies that John Doe was intoxicated at the Premises, as alleged," the cross-claim says.
Mitchell, the statement of claim says, "permitted her motor vehicle to be operated by an incompetent driver" and "she knew, or ought to have known, the vehicle was not in a fit or proper condition suitable for its safe operation on a highway."
Watersand, the statement of claim says, "was responsible for the construction, management, operation, design, upkeep, and maintenance and had the responsibility of keeping the Highway in a reasonable state of repair."
The statement of claim also says the City of Barrie, Condrain, Watersand, Erritt and Schaeffers "failed to take any reasonable care to ensure the highway was reasonably safe for the use of motor vehicles" and "they failed to give any or any adequate warning of the presence of the danger in entering the area under construction."
Last September, all criminal negligence causing death charges against Condrain in connection with the crash were dropped. A Barrie court heard the Crown had new evidence and the charges could not be proven within a reasonable doubt.
Condrain, a Concord-based company, had been charged in January 2023. Court documents had alleged the company failed to "properly sign and barricade the temporary road closure of McKay Road between County Road 27 and Veterans Drive as per the traffic management plan and contract with Erritt Construction Ltd."
The six young people were killed when the vehicle they were in plunged into a construction hole in the middle of the closed road, referred to by the City of Barrie as a "tunnel access shaft."
On Sunday, Aug. 28, 2022, at approximately 2 a.m., while conducting a missing persons investigation, police officers checked the construction zone and located a vehicle in a large hole in the middle of McKay Road.
Investigators determined the deadly crash happened sometime shortly after 6 a.m. on Saturday, Aug. 27, 2022. Police have said they believe the group was travelling to the nearby Gateway Casinos Innisfil (Georgian Downs), not far from the crash site and just outside the city limits.
