The Saskatchewan government says it was the actions of the driver, not the absence of a stop sign, that caused a fatal crash at the intersection of Highway 16 and Range Road 3083 near Langham.
The plaintiff had a duty to yield to highway traffic and not enter the intersection until it was safe to do so, according to the government’s response to a lawsuit filed last year by Robert Major, the Saskatchewan man charged with three counts of dangerous driving causing death.
Major’s two sons, four-year-old Brenden Major and nine-year-old Theodore Cardinal, and his girlfriend, 26-year-old Kimberly Oliverio, were killed when his vehicle collided with a semi in the westbound lanes of Highway 16 on Feb. 22, 2016. He is suing the government for $180,000 in general damages, saying a missing stop sign was to blame.
The lawsuit alleges Major’s girlfriend and sons died as a result of the government’s negligence, including failing to regularly inspect and maintain the intersection. It goes on to say the province “knew or ought to have known” that the intersection was unmarked at the time and “recklessly failed to maintain proper and safe signage” designating the right of way for drivers approaching the intersection.
Major would be very familiar with that intersection, having lived nearby for many years, and was “completely aware” that he was approaching Highway 16, according to the province.
In its statement of defence, the government says Major had to first cross the eastbound lanes and then enter a meridian before proceeding across the westbound lanes, and therefore knew he had entered a busy highway when he “directly caused the accident and injuries” that are the subject of the claim.
It also states that any stop or warning signs on the side-road that intersects with the highway are the responsibility of the municipality, not the province. If a missing stop sign was found to be the cause of the crash, the defendant alleges it was removed by other parties for whose conduct “the Defendant Government cannot be held liable.”
The province says it fulfilled its duty by constructing an intersection with clear sight lines where traffic conditions should have been obvious to the plaintiff.
Statements of defence and statements of claim contain allegations that have not been proven in court.
Major was committed to stand trial on his criminal charges at Saskatoon Court of Queen’s Bench following a preliminary hearing in January 2017. His case is still in pre-trial management and no trial dates have been set.