The death of Georgia Walsh has been thoroughly investigated, examined by experts and the details heard in open court. The facts are known and it is over. And yet, to hear the circumstances in which Georgia crossed McRae Drive and was struck by Ranko Stupar’s van is to beggar the imagination. The full verdict as rendered by Mr. Justice S. Ford Clements is linked at the bottom of this post. It recounts in detail the witness information and the reconstruction of the accident provided by the police. Georgia was running westbound across McRae within the north crosswalk on Millwood Road from the northeast to the northwest corner. That’s the crossing that takes one from Trace Manes Park to Leaside United Church. When she stepped off the curb, the pedestrian signal was flashing a red hand and the countdown timer was at 5 seconds. The accident reconstruction report concludes that Georgia was already in the crosswalk when Mr. Stupar’s vehicle approached the area of the stop bar which sits ahead of the crosswalk.
FEW CAN COMPREHEND IT
He was southbound on McRae and intended to make, and did make, a right turn on a red light during which he slowed but did not stop. Georgia was struck in the crosswalk, near the northwest corner of the intersection, by the front driver’s side of Mr. Stupar’s vehicle and knocked down to the roadway. In the words of Justice Clements, she was overrun by the front driver and rear driver side tires. Justice Clements said that had Mr. Stupar stopped his vehicle at the north stop bar, it would have taken him 3.9 seconds to travel from that point to the point of impact. There was sufficient time for Georgia to cross the street safely had Mr. Stupar stopped at the stop bar. She had the right of way. The grievous act of making a turn without stopping is appalling but not unknown. But Mr. Stupar says as well that at no time did he see Georgia in the crosswalk nor realize that he had struck anyone until witnesses began to shout at him to stop. He did stop and now lives with the miserable knowledge of what he did. But few motorists will comprehend, even as we are required to accept it, that a driver could miss the presence of a 7-year-old child in a crosswalk in front of him as he approached a red light. R. v. Stupar, 2015 ONCJ 350 (CanLII)
