Family of cyclist killed in crash files $6M lawsuit against driver

The family of one of two cyclists killed while riding on Walpole Island two years ago this week has filed a $6-million lawsuit against the man convicted of two counts of impaired driving causing death in the 2022 crash.

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Michelle White, 36, and Gretta Williams, 50, two residents of the First Nation about 50 kilometers south of Sarnia, were out for an early-morning bicycle ride on June 22, 2022, when they were struck by a vehicle on River Road, police said. They both died at the scene.

Delsin Johnson-Shipman, 23, also from Walpole Island, was arrested and charged with two counts each of impaired driving causing death and dangerous driving causing death, Lambton OPP said in September 2022. He pleaded guilty to the two impaired-related charges in April 2023 and was sheard last August at the Sarnia courthouse to six years in prison.

The lawsuit seeking damages from Johnson-Shipman was filed June 18 at the same courthouse on behalf of 12 plaintiffs: White’s father, her eight siblings and her three young children. The $6-million claim, asking for $500,000 for each plaintiff, says they all had a close, warm and special relationship with White and alleged they have been deprived of her guidance, care and companionship.

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No statement of defence has been filed in response to the family’s statement as of Tuesday. The statement of claim lists Johnson-Shipman’s address as the Correctional Service of Canada regional headquarters in Kingston. A corrections spokesperson was not immediately able to get a comment Tuesday from Johnson-Shipman in response to the claim.

The statement of claim alleges Johnson-Shipman was driving a Chevrolet Malibu at the time of the crash and also includes John Doe, the unnamed owner of the Malibu, as a defendant. No contact information is listed for John Doe in the document.

Both statements of claim and statements of defense contain allegations not yet tested in court.

The statement of claim alleges the damages were caused solely as a result of the negligence of both defendants. It further alleges Johnson-Shipman failed to yield; failed to give White sufficient room on the road; drove while intoxicated; drove carelessly and recklessly without regard to the safety of others; failed to apply the brakes; was driving too fast; operated a cellular or electronic device; and failed to sound the horn.

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The statement also alleges John Doe permitted Johnson-Shipman to drive when he knew, or ought to have known, he was under the influence and failed to have the brakes, steering and headlights of the car in proper working order.

The plaintiffs incurred special damages such as lost income, funeral expenses, transportation, accommodation, housekeeping, counseling, and other expenses, the statement of claim says, but a dollar figure is not listed. The plaintiffs have suffered emotional trauma, lost enjoyment of life, and will continue to suffer from the effects of the tragic loss of White for the rest of their lives, the statement says.

None of the family members of Williams, the other cyclist, are named in the statement. This is the only lawsuit at the Sarnia courthouse involving Johnson-Shipman.

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