ON December 15, 2020, at approximately 2:45 p.m., Surrey RCMP received a report of a collision involving two motor vehicles and a pedestrian near 144th Street and 61A Avenue. Police said at the time that early indications were that an unoccupied cargo truck rolled into traffic where it struck a vehicle. The unoccupied cargo truck then continued travelling onto the sidewalk and struck a female pedestrian.

Surrey Fire Service and BC Ambulance Service also responded to the collision. Despite all attempts to revive the pedestrian, she succumbed to her injuries. The driver of the vehicle remained on scene and was cooperating with police.

The victim was identified as Paramjit Masutta, 48, who saved her eight-year-old twin daughters by pushing them out of the way either side as the vehicle approached her.

Now, two years later, her husband, Daljit Singh Masutta and his family, have filed a lawsuit in B.C. Supreme Court, seeking damages from the truck’s driver as well as Amazon and two logistics companies — Foss National Leasing and Damy Logistics.

According to the lawsuit filed last month and first reported by thelogic.com and CBC, the truck’s driver failed to take reasonable steps to avoid the collision, and his employer — either Amazon or the two logistics companies — did not train him properly to do his task.

These are only allegations and have not been proven in court. The driver and the companies have not filed a statement of defence.

The lawsuit alleges that the delivery truck was parked illegally and facing the wrong direction on 144 Street with the handbrake off. The driver was not present when the incident occurred.

Masutta, who was walking home from school with her daughters, managed to push them both out of the way of the truck, but was dragged under the vehicle after being hit, according to the suit.

It is alleged that the driver’s employers failed to have the delivery truck equipped with proper braking systems or warning devices.

The suit seeks damages for the loss of “guidance and companionship” that Masutta provided to her family.

A simultaneous suit has also been filed by the victim’s family against ICBC, seeking to cover damages including the funeral costs and counselling costs associated with her death.

None of the allegations have been proven in court.