Lawsuit filed to make driver accountable in fatality of Janet Holding

Source: Chatham Daily News

Family seeking $3.5 million damages

ONTARIO - A $3.5-million lawsuit has been filed against the driver of a pickup truck involved in a fatal crash on Talbot Trail last summer.

The court action is on behalf of Ian Holding, his daughter Lauren, the estate of his late wife Janet Holding and her brother Robert Dean.

They are suing Devon Wagenaar, 18, and his mother Corine.

Wagenaar was driving a pickup truck that slammed into a motorcycle carrying Ian and Janet Holding on June 14. Janet Holding, known as Jan to her loved ones, died at the scene and Ian Holding remains in a wheelchair facing prolonged physical rehabilitation.

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Wagenaar pleaded guilty last week to failing to yield and received the maximum penalty -- a $1,000 fine.

Lauren Holding, 20, was outraged by Wagenaar's punishment.

"He shouldn't have his driver's licence," she told The Chatham Daily News. "It should have been so much more.

"This kid should have got much more than failing to yield." She was hurt that Wagenaar didn't apologize to her family during the court process.

"I wouldn't have forgiven him for causing the crash," she said, adding, "A sorry would have eased the pain just a little bit, not a lot."

Holding said the lawsuit is a way to make Wagenaar accountable for his actions; to hit home to him how serious the consequences of his actions were.

The court heard Wagenaar stopped at a stop sign on Erieau Road and let two cars pass before entering the intersection, without checking that the traffic had cleared.

The statement of claim alleges Wagenaar's negligence caused the crash. The document outlines 26 points of alleged negligence including:

• speeding on Erieau Road;
• failing to have the vehicle under proper control;
• failing to keep a proper lookout;
• talking or texting on a cellphone while driving;
• failing to stop;
• applying brakes improperly;
• being an incompetent driver; and
• driving with defective brakes, windshield, headlights and steering equipment.

Lawyer Jerry O'Brien, who represents the Holding family, declined to comment on the case at this time.

Corine Wagenaar, reached at her home Monday, said she couldn't comment, noting she hadn't yet been served with the lawsuit.

However, she wasn't surprised to hear a lawsuit had been filed.

"I obviously assumed that something was going to happen," she said.

The statement of claim alleges liability for the crash extends to Corine Wagenaar for 10 reasons, including:

• permitting her son to drive when she should have known he's not competent or qualified;
• failing to admonish her son from time to time when she should have known he drove in an unsafe manner;
• failing to ensure a sense of concern in her son about safe driving; and
• failing to adequately supervise Devon Wagenaar.

The lawsuit details the physical and emotional pain Ian Holding has suffered since the crash.

His injuries include a brain injury, rib fractures, small bowel injury, fractures to his legs, arms and hip, extensive scarring and straining and tearing of muscles, tendons, discs and nerves.

"As a result of his injuries and impairment, Ian Holding has suffered a complete inability to carry on a normal life," the lawsuit states, noting he's unable to work.

The statement of claim also outlines the impacts of the loss of Janet Holding to her loved ones.

"As a result of the defendants' negligence, the plaintiffs have suffered the irreversible loss of an integral member of their small family," the lawsuit states. "As wife, mother and sister, Jan Holding contributed significantly to her family's happiness and well-being. She was taken from them in the prime of her life and they will never fully recover from the effects of her death."

No hearing date has yet been set in the case. None of the allegations have been proven in court.