Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, assessing damages for chronic and disabling injuries following a fatal motor vehicle collision.
In this week’s case (Kempton v. Struke Estate) the Plaintiff was involved in a 2015 collision. He was operating a tractor trailer when the Defendant, travelling in the opposite direction, crossed the centre line resulting in a head on crash. The collision killed the Defendant instantly. The Plaintiff suffered few physical injuries but sustained post traumatic stress disorder (“PTSD”) as a result of the horrific crash. This condition disabled him and was not expected to improve.
In assessing non-pecuniary damages at $200,000 Mr. Justice Crerar provided the following reasons: