The CTV Kitchener reporter who was seriously injured when hit by a car in the Guelph area while covering a separate collision in Puslinch last year, resulting in a $15.7-million lawsuit, is responsible for her own injuries, says a statement of defence filed on behalf of the OPP.
“(Stephanie Villella) was aware of the road closure but she acted as if it did not apply to her although it would apply to others, and in so doing she paid insufficient attention to risks,” reads a statement of defence filed by the province on behalf of the OPP.
“She entered and remained on the highway including the collision site, focusing her attention on job tasks as she crossed, stood and walked on a (municipal) highway or road which she knew or ought to have known vehicles would be approaching.”
In the lawsuit, Villella claims to have suffered "extreme injuries, nervous shock, emotional and psychological trauma” as a result of the March 1, 2023 collision. She was reporting on an earlier crash in the area of Brock and Maltby roads when a driver reportedly drove around police barricades and struck her.
No other defendants in the case, including the Guelph Police Service and the 92-year-old driver whose vehicle struck Villella, have yet filed a statement of defence.
None of the allegations made in the lawsuit, or counter claims made through statements of defence, have been tested or proven in court.
The OPP's defence points to a section of the Highway Traffic Act which states, “every person using a highway closed to traffic in accordance with this section does so at the person’s own risk” and the road authority cannot be held liable for any damage sustained by a person using the closed highway.
In addition, the OPP's statement of defence says it has filed a third-party claim against Villella’s employer, Bell Media. In that claim, the province argues that if the court finds it liable, it’s the media company that should be required to pay.
“As Villella used the highway for her own business or employment purposes (including any photography, video, image assembly, information gathering, communications, and news reporting purposes), she did so with the knowledge and authorization of Bell,” it states, noting Bell had “contractual liabilities” with Villella. “At all material times she worked under direction of Bell personnel.”
The media company “negligently allowed or encouraged Villella to conduct herself in a manner that intentionally exacerbated her risk of accident or injury,” the defence states.
Bell has filed a notice of intent to defend against that claim.
A charge of careless driving causing bodily harm laid against the driver who allegedly struck Villella is ongoing.
Villella’s lawsuit, filed last August, claims she will require ongoing assistance and support in the future to complete things like home maintenance and household chores, and will incur expenses for medications, rehabilitation, psychological support and personal care.
Villella also claims loss of income, career path, earning potential and a diminution in earning capacity.
