Ottawa triple-fatal crash survivor sues for $4.9M

Ben Gardiner, left, has launched a $4.9 million lawsuit over the crash that killed his friends, from left to right, Vanessa Crawford, Mark MacDonald and Brianne Deschamps in January 2008. Flowers lay at the Ottawa crash scene two years ago.
(QMI Agency, file)

Story from Canoe.ca

OTTAWA - The city is named as a defendant in a $4.9-million lawsuit filed by a man who survived a triple-fatal crash between an OC Transpo bus and a sport utility vehicle.

The tragedy happened in the early hours of Jan. 23, 2008, at Heron Rd. and Riverside Dr.

Mark MacDonald was driving his black Toyota 4 Runner with his passengers Vanessa Crawford, Brianne Deschamps, Monica Neacsu and Ben Gardiner when it collided with a city bus in the intersection. MacDonald, Crawford and Deschamps, all students at Carleton University, died from their injuries.

Gardiner, named as a plaintiff in the lawsuit, was seriously hurt and Neacsu escaped with minor injuries.

Police didn't lay charges in the crash.

Included in Gardiner's statement of claim are allegations that the city didn't make sure the bus had proper winter tires and that it failed to provide bus drivers proper training. The lawsuit says the city was negligent for allowing bus drivers to work excessive hours without sufficient rest.


None of the allegations in the lawsuit have been proven in court.

Nelligan O'Brien Payne, the law firm representing Gardiner, commented on the case through a written statement, which says Gardiner is "lucky to survive" and "a number of parties are responsible for the accident."

The lawsuit names several defendants in addition to the city. They include MacDonald's brother, who is the administrator of MacDonald's estate, the bus driver, restaurants Grace O'Malley's and Clocktower Brew Pub, the Carleton University Students' Association, Carleton University Graduate Students' Association and Intact Insurance.

The student associations are named as defendants because they run two campus bars that allegedly served MacDonald before the crash. Lawyers for the student groups have filed a notice of intent to defend.

The other defendants had not filed court documents as of Wednesday.

A lawyer for the MacDonald family declined comment.

The lawsuit further alleges MacDonald was underinsured and that the insurance company owes Gardiner. Gardiner, who was 20 years old and a Carleton engineering student at the time of the crash, received severe injuries to his brain and chest, requiring months of hospital treatment.

"Despite extensive treatment and rehabilitation, Ben has suffered severely as a result of his injuries and will continue to suffer from the residual effects of his injuries for the balance of his life," the suit says.

Gardiner's older sister is also seeking damages for "loss of care, guidance and companionship."