GUELPH – A journalist struck by a car at the intersection of Brock Road North (Wellington Road 46) and Maltby Road on March 1 has filed a civil suit alleging negligence against five defendants.
On that Wednesday afternoon, Stephanie Villella walked beyond “closed barriers” at the Puslinch intersection before being struck by a vehicle that passed through the barricade, according to an Aug. 22 statement of claim filed with the Guelph Superior Court of Justice.
According to reporting from CTV News and the Advertiser earlier this year, Villella, a CTV News Kitchener journalist of more than five years, was there reporting on a serious crash that had occurred earlier in the morning about a kilometre southeast of the intersection, near Fox Run Drive.
Wellington OPP spokesperson Joshua Cunningham told the Advertiser at the time that Villella was by a barricade at the intersection when she was struck by a sedan.
The vehicle came to a stop within a portion of the roadway that was closed because of the earlier collision, Cunningham explained in March.
Villella was transported to a Hamilton trauma hospital with what police described as “serious and potentially life-threatening injuries.”
Now Villella and her family are suing 92-year-old Thelma Rose of Guelph, who was charged by police in April in connection with the incident, as well as an unnamed police officer; the Guelph Police Service; the Ontario Provincial Police; and the province in a $15.7-million lawsuit.
It has been noted in past civil proceedings that claims are invariably inaccurate and must be substantiated in court.
Included as plaintiffs in the civil action are Villella, her husband, and her parents and siblings, who are all being represented by Vaughan-based lawfirm Campisi LLP.
“Stephanie sustained extreme injuries, nervous shock, [and] emotional and psychological trauma,” the claim states, going on to list a variety of injuries, including traumatic brain injury, pelvic fractures and fractured vertebrae.
“The full extent of Stephanie’s injuries is unknown and continue[s] to be investigated,” the claim states.
Villella’s family, including husband Lucas Turrin, Villella’s parents Angelo and Antonella Villella, and sisters Valerie Di Bratto and Venessa Gambino are making damage claims related to the “loss of guidance, care, and companionship they would have otherwise received from Stephanie, had she not been injured.”
The family members are also claiming expenses related to travel, visiting, nursing, housekeeping and a loss of income “as a result of providing services to Stephanie.”
The claim alleges the defendants are “jointly and severally liable,” a term essentially meaning different parties acting independently may be found collectively responsible for the same damage.
An allegation has also been made in the statement of claim that negligence on the part of the defendants caused the plaintiffs’ “injuries, losses and damages.”
The claim makes 31 total allegations, such as not being properly licenced and driving a defective vehicle, against Rose.
Eleven allegations made against the unnamed police officer largely focus on securing the roadway and directing traffic; and a further 10 allegations are made against the province for being “vicariously liable” for items such as “negligent hiring practices.”
The defendants have up to 30 days to file statements of defence; as of Sept. 6, no such documents had been filed with the court.
However, the court has been notified that Guelph Police Services intends to defend itself. Guelph Police is being represented by London-based lawfirm Shillington McCall LLP.
None of the allegations have been tested in court, and civil actions rarely make it to trial, with most either being withdrawn or settled out of court.
