red hill vally parkway class action suit

RED HILL VALLEY PARKWAY CLASS ACTION SUIT

Have you been involved in a single or multiple vehicle accident on the Red Hill Valley Parkway (RHVP) since its opening in November 2007?

Grosso Hooper Law have commenced a class action against The City of Hamilton contending that design and construction of the RHVP was done negligently and without using acceptable construction standards.

A 2013 study by Tradewind Scientific, ordered by the City of Hamilton, outlined the dangerous conditions of the RHVP. The results had been buried in the city’s Public Works department for 6 years. The 18 page study was conducted for the purpose of measuring the friction of the Lincoln Alexander Parkway and the Red Hill Valley Parkway while the roads are wet. The results showed that the RHVP had an overall lower friction than the Lincoln Alexander Parkway, with some spots of the RHVP exhibiting “quite low friction values” and in some cases “well below” acceptable friction values.

The author of the report recommended “remedial actions” and a closer investigation of the composition of the asphalt itself. Some spots were found to have “quite low friction values” according to the report.

In 2017, two fatal crashes occurred on the Red Hill Valley Parkway in less than a month from each other. A total of 668 crashes occurred on the RHVP between 2012 and 2015.

Grosso Hooper Law has commenced the class action claim against The City of Hamilton and alleges that the defendant was negligent by, among other things:

  • Failing to ensure proper design and construction of the RHVP using acceptable road construction standards
  • Failing to take the required actions to make the Red Hill Valley Parkway meet Canadian standards of public road safety
  • Failing to take immediate action to ensure the safety of all drivers and passengers on the RHVP
  • Failing to take immediate action to confirm the results of the study
  • Failing to publicly disclose the results of the study

Why Grosso Hooper Law? We have a 98% Success Rate in Court


If you were involved in a single or multiple vehicle accident on the Red Hill Valley Parkway since November 2007 you may be included in one of the proposed classes, which will be defined by an Ontario Superior Court Judge in the future, below:

The plaintiff seeks damages for statutory breaches, negligence and punitive damages, and brings the lawsuit on behalf of:

  • All persons who suffered injuries as a result of a single or multiple vehicle accident between the opening of the Red Hill Valley Parkway on November 17, 2007 to present day (the proposed “Injured Class”)
  • All persons who paid a ticket imposed as a result of a vehicle  accident on the Red Hill Valley Parkway on November 17, 2007 to present day (the proposed “Ticket Class”)
  • All persons who paid a lawyer to defend a ticket imposed as a result of a vehicle accident on the Red Hill Valley Parkway on November 17, 2007 to present day (the proposed “Defense Class”)
  • All persons who paid for property damage as a result of a vehicle accident on the Red Hill Valley Parkway on November 17, 2007 to present day (the proposed “Property Damage Class”)
  • All persons who paid increased insurance premiums as a result of property damage acquired as a result of a vehicle accident on the Red Hill Valley Parkway on November 17, 2007 to present day (the proposed “Insurance Premium Property Damage Class”)


To find out if you fit within one of the proposed classes please contact the Grosso Hooper Law offices


You will be asked questions including important details of your accident. Downloading the questionnaire below will let you know the questions that will be asked of you, and information you will need to have on hand during the interview.

for Further information

Call: 905-522-8002 Ext 105 or 108
Email: redhill@grossohooperlaw.ca


FAQs

A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.

The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.

Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.

Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.

Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.

Additional Information


Red Hill Valley Parkway Background

https://en.wikipedia.org/wiki/Red_Hill_Valley_Parkway



Contact Us: 905-522-8002 • redhill@grossohooperlaw.ca

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