Woman who killed two when she backed into a Costco loses conviction appeal
TORONTO — A woman who claimed her foot got caught in the pedals when she drove into a Costco storefront in London, Ont., and killed a child and her newborn sister lost her bid Wednesday to have her conviction quashed.
In its decision, the Ontario Court of Appeal said it found no reason to set aside the guilty finding against Ruth Burger, who was convicted in June 2015 of dangerous driving causing death and bodily harm.
A ruling by Judge Jonathon George was reached by applying “common sense and considering all of the relevant evidence,” the court said. In addition, what happened was well beyond a momentary lapse of attention, the Appeal Court found.
The incident occurred in July 2014 when Burger backed out of a Costco parking spot. At trial, she testified that she couldn’t stop because her foot became stuck under the brake pedal, causing her to press the gas pedal and smash through the store’s doors almost 60 metres away.