LONDON, Ont. — A 66-year-old woman accused in the deaths last summer of a young girl and a newborn after her car smashed into a Costco store in London, Ont., was found guilty Friday of dangerous driving.
Ruth Burger pleaded not guilty to two counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm in the case.
But a judge found her guilty of the lesser charges of dangerous driving causing death and dangerous driving causing bodily harm.
Burger's car abruptly reversed into the store's front doors, hitting a pregnant mother and her two young children last July.
Danah McKinnon-Bozek — who was eight months pregnant and underwent an emergency caesarean section — was seriously injured in the crash along with her three-year-old daughter.
McKinnon-Bozek's six-year-old daughter, Addison Hall, died after being hit, and her newborn baby girl died in hospital a week later.
After court, Addison's father, Eric Hall, said he forgave Burger.
"I can't even imagine what she's feeling," Hall said.
"I wish her the best and she can find what I can to move on. I never really had anything against her. It's definitely something that's so tragic, but so random too."
Hall's voice caught several times as he spoke about his daughter's legacy.
"One thing for sure with everything that's happened, Addison's moved on and helped other families," Hall said. "Really in the end, that's the biggest thing you can have with a situation so tragic; I ask everyone, if you can, to be an organ donor."
Burger testified that she realized her foot was stuck when she was reversing out of her parking spot.
She told the court that she began wiggling her foot to try to get it out from between the brake and gas pedals when the vehicle smashed into the store doors.
Justice Jonathan George, who presided over the case, said he didn't believe Burger's foot got caught. Instead, he said he believed Burger may have created a rational explanation for what happened on the day while in a state of confusion.
Hall also said he didn't accept Burger's explanation.
Burger's trial heard earlier this month that her car accelerated from 11km/h to 48km/h in the five seconds leading up to the crash, a time in which she didn't hit the brakes.
"Regardless of the decision, it's a sad day," said Burger's lawyer, Ron Ellis. "She's disappointed, she's surprised and obviously she's going to have to continue to deal with this process going forward."
Sentencing will take place on Oct. 20, Ellis said.
