Family launches $3.2M lawsuit against TTC after accident death

The family of a 48-year-old Toronto woman, struck and killed by a TTC bus last January, has launched a $3.2 million damage suit against the driver – who faces charges arising from the tragedy – and the Toronto Transit Commission.

“The sad reality, is that what happened to Wendy Martella, could happen to anyone,” said Dale Orlando, of McLeish Orlando LLP, the lawyer representing the Martella family. “Wendy was simply crossing the street, on her way home from work as a senior management support officer with Scotia Bank, when she was struck and killed by the TTC bus as it accelerated through a red light, without warning.”

The TTC bus driver, Magdalene Angelidis, appeared in court on Thursday, June 6th, 2013, on charges of careless driving and failing to stop at a red light.

Struck at intersection

Orlando writes in the statement of claim, that on January 23, 2013, at approximately, 4 p.m., Angelidis stopped the TTC bus in the intersection of Eglinton Avenue and Sinnott Road to pick up a passenger. The bus drove through the intersection, and a red light, striking Martella as she crossed the street on a green light. She suffered serious injuries, and died the following day at Sunnybrook Medical Centre.

The Martella family, alleges the TTC bus driver was distracted and failed to follow proper protocols by making an unscheduled stop in an intersection, writes Orlando in the statement of claim.

The TTC bus driver is scheduled to make a second court appearance at Old City Hall court on July 4.

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