A judge's finding that a school crossing guard cut work minutes early 13 years ago has turned into an $8-million negligence judgment against the City of Hamilton.

A Superior Court ruling was released Monday after an eight-day trial in the case of Dean Saumur, who was just shy of his 10th birthday when he was struck by a car at Gray Road and Collegiate Avenue while walking to school May 14, 2002.

Saumur suffered extensive injuries that have changed the course of his life, said his lawyer Robert Hooper. A judge apportioned 50 per cent blame for the accident to the car's driver Luba Antoniak and 50 per cent to the city, which was responsible for a crossing guard posted at the intersection.

Dean and his mother Janet Saumur, his litigation guardian, were awarded $7.85 million plus pre-judgment interest and a portion of legal costs.

All parties agree that crossing guard Helen Kaumeyer was not at the crosswalk when Saumur was hit.

He was thrown metres into the air, landing on his head on the road.

What was disputed in this case is whether he was struck just before or just after 8:40 a.m., the end of Kaumeyer's 30-minute morning post.

Superior Court Justice James Ramsay sifted through the testimony of nine witnesses regarding the time of the accident, the speed of Antoniak's vehicle and whether the boy looked both ways before entering the crosswalk.

In a memo to councillors Wednesday, the city's finance director Mike Zegarac said the city lawyer's "preliminary opinion is that an appeal is unlikely to be successful, although he is yet to fully scrutinize the decision."

Zegarac said the city will have to pay a $1-million deductible for the claim, with the balance paid by the city's insurer.

"While there is nothing more the city could have done, this is a tragic event and the courts have decided against the city and other defendants," wrote Zegarac.

Reached by phone Wednesday, Kaumeyer is emphatic she did not leave her post early that day.

"I feel awful because I know I did my job that day like I did my job every other day," said Kaumeyer, her voice breaking. She said she is no longer a crossing guard, but was not disciplined by the city. She left to take another job.

Ramsay's ruling outlines a timeline of the fateful morning. Saumur finished some last-minute homework before leaving the house at about 8:30 a.m. He made his way on his usual route to his Grade 4 classroom at Collegiate Avenue school after being taught by his mom in the fall to make the trek alone.

Ramsay determined based on testimony and the time of the 911 call, that even walking at a slow pace, Saumur arrived at the Gray Road crosswalk before 8:40 a.m. That was the time of the first bell at the school. Students were not considered late until a second bell rang at 8:50 a.m.

Kaumeyer testified she had been trained not to arrive late or leave early, but also not to stay after her scheduled quitting time "because if she crossed a child outside the set times and there was an accident, she and the city could be held responsible."

Ramsay noted the city's written policies bear out that testimony.

Kaumeyer said she synchronized her watch to a weather channel each morning, but not with the school's time. She could not see the school or hear the bell from the crosswalk.

Kaumeyer testified she crossed six to 10 children each morning.

She testified that at 8:40 a.m., she checked to see if any children were approaching, crossed the street toward her car, checked again for kids and then drove home.

But Ramsay rejected Kaumeyer's account of the time she left the intersection.

"She may have set her watch to the television, but she did not stay until 8:40 that morning. Ms. Kaumeyer was in the habit of leaving early … I think that she was accustomed to crossing her expected students, then looking for stragglers and leaving, if not every day, at least on a rainy day."

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Ramsay found the city liable for Kaumeyer's absence.

Ramsay dismissed a negligence claim that the crossing guard should have been in place until the second bell, saying the issue was irrelevant because the accident happened within the duty times.

He ruled the boy was not equipped to properly judge a vehicle's distance and speed and may not have looked both ways.

"He knew better, but children are notoriously forgetful when they are distracted or confused. I think that Dean was confused because he arrived at the crosswalk and there was no crossing guard to help him."

In apportioning blame to Antoniak, the judge found: "In my opinion, the accident would not have happened if Luba Antoniak had been driving according to the standard of a reasonable and prudent driver. I conclude that she is liable for Dean's loss."

Even though the judge found both defendants at equal fault, in a finding of joint liability, a plaintiff can collect the full amount of damages from just one party, explained Hooper, the Saumurs' lawyer.

Antoniak's insurance company settled with the Saumurs and the city in October 2005, so the full damages judgment of $7.85 million will fall to the city, he said. That amount is also subject to interest and legal costs, which have yet to be tallied, said Hooper.

Now 22, Saumur's life was irrevocably changed that day, says Hooper. Saumur lives with his mother and cannot hold a job due to a brain injury.

At the time of his accident, Saumur was described as "an average student and a very pleasant boy," according to the testimony of his school's principal.

Saumur doesn't remember the months leading up to the accident or several months after, says Hooper. He needed to relearn to walk and still requires rehab.

He did attend George Brown College in Toronto, but his mother accompanied him each day on the GO train and sat outside while he took classes with the help of an assistant.

Saumur's mother Janet declined to speak with a Spectator reporter when reached by phone Wednesday.

City spokesperson Mike Kirkopoulos said the city will review the judgment and its crossing guard program.

"This is a tragic and sad incident, especially for Dean's family."