K v. C, 2021 BCSC 1585
Award for mild traumatic brain injury, psychological and soft tissue injuries exceeds $1.1 million.
The Reasons for Judgment of The Honourable Madam Justice W.A. Baker were given on August 13, 2021 at Vancouver, British Columbia.
On October 25, 2016, the plaintiff, MK, was a passenger that was rear-ended by the defendant, GC. The defendant has admitted liability. Mr. K suffered soft tissue injuries and a concussion in the accident. He alleges these injuries have resulted in ongoing chronic pain and associated psychological injuries.
At the time of the accident Mr. K was 35 years old. He was married with two young sons and enjoyed good health and an active lifestyle. He worked as a computer consultant through his own company, Cyber Node Tech Computers and he worked as a booking agent for a company called CIH, an online car rental company.
Mr. K was a passenger in an SUV that was stopped waiting to enter traffic from an alleyway. The force of the impact caused his glasses to fly off of his face. In the aftermath of the accident he was extremely tired and achy and slept for several hours. He awoke with a massive headache and tightness all over his body. His wife drove him to the hospital where he was diagnosed with whiplash and concussion. On his first visit to his family doctor a few days later he reported stiff neck, overall pain, headaches, migraines and twitching in his hand and foot. He was also extremely light sensitive.
Dr. Anton, physiatrist, conducted an independent medical examination. He diagnosed the plaintiff with injuries to the soft tissue structures in his neck, shoulder girdle and upper back. In addition he was of the opinion that Mr. K probably sustained a mild traumatic brain injury.
Dr. Donald Cameron, Neurologist, also conducted an IME. Dr. Cameron diagnosed Mr. K with a mild traumatic brain injury as a result of the accident. This injury then developed into post traumatic brain injury syndrome. Dr. Cameron diagnosed Mr. K with post traumatic headaches, resulting from both the musculoskeletal, cervicogenic headaches associated with neck pain, and the mild traumatic brain injury he suffered in and from the accident.
The Court was satisfied that the plaintiff will not return to his pre-accident state. His myofascial complaints have moved to a chronic state and it is probable that Mr. K will continue to have pain and suffer from psychological disorders for the rest of his life. The Court further found that Mr. K injuries have had a significant impact on his life, the results of which have devastated him. His psychological injuries have changed him from an optimistic go-getter, enthusiastic and social family man, to an angry, withdrawn, anxious, loner who can barely be around his family. He has daily pain and is unable to work. He has had bouts of suicidal ideation. Non-pecuniary damages were awarded in the amount of $150,000.00.
Conclusion – Mr. K is awarded damages in the total amount of $1,175,569.00 as follows:
Non-pecuniary damages – $150,000.00; Past loss of earning capacity – $62,171.00; Loss of future earning capacity – $885,000.00; Cost of future care – $62,518.00; Special damages – $15,880.00
For further analysis and reporting of the decision please download the linked PDF
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Written by Stella Gowans, Paralegal