Summerland man awarded $237K following crash

Pedestrian struck by car in 2014 received nearly $238,000

A Summerland has been awarded nearly $238,000 for damages after he was struck by a car more than four years ago.

The Supreme Court of British Columbia ruling was made on Feb. 22.

The collision occurred in the early evening of Dec. 23, 2014 on Milne Road in Summerland, near the foot of Giant’s Head Mountain.

Paul Henbury, who lived on the road, was walking on the gravel shoulder towards the hiking path.

He was struck when a car speeding downhill towards him lost control.

While Henbury attempted to jump out of the way, he was not able to dodge the car and was struck in the knee.

The car, driven by Ashaya Egilson, then rolled onto its roof.

Henbury thinks he had lost consciousness briefly during the accident.

He was taken to hospital for assessment and treatment. X-rays taken at the time showed nothing was broken. His wife was instructed to stay with him overnight as part of the protocol following a concussion.

In addition to cuts, scrapes and bruises from the accident, Henbury suffered more significant injury to his left knee. He also said he is suffering from chronic headaches behind his left eye, as well as intermittent neck and back pain. He says he suffered a mild traumatic brain injury that resulted in ongoing cognitive issues affecting his employment.

In a court statement, Dr. Raphael Chow said the knee injury will affect Henbury.

“He will not be able to do high impact tasks such as jogging, running, skipping, or jumping,” Chow said in a statement. “From a physical perspective, in my opinion, he will be disabled in performing tasks or jobs that require activities at and beyond the occasional-frequent rate in weight bearing and knee bending and physical demand tasks at and beyond the light-medium physical demand level.”

RELATED: Summerland found liable for sidewalk accident

Prior to the accident, Henbury had been active and enjoyed activities including cycling, hiking, skiing, golf, soccer and riding motorcycles.

Henbury also said he has had cognitive issues following the accident, but Justice G.P. Weatherill, in his judgement, said Henbury had not proved he had sustained a brain injury.

“Even if the plaintiff did suffer a mild concussion, I conclude that any cognitive issues he may have had resulting from it resolved very quickly,” Weatherill said in his ruling.

The court ruling was less than the $257,680 Weatherill had requested.

The damages awarded include general damages of $100,000, special damages of $8,000, past wage loss of $20,000, future loss of earning capacity of $80,000 and future care costs of $29,930 for a total of $237,930.

To report a typo, email:
news@summerlandreview.com
.



news@summerlandreview.com

Like us on Facebook and follow us on Twitter.

Just Posted

Kelowna artist featured on furniture

Shandra Smith’s work is now available on credenzas

Destructive blaze in West Kelowna fatal for cat

The fire at a West Kelowna condo claimed the life of one tenant’s cat

Man pinned under metal tank in West Kelowna

Emergency personnel are on the scene

Mudslide sends debris into Highway

Highway 33 near Joe Rich had mud spilled on the highway from the slide

Kangaroo Creek Farm hops into season

Lake Country’s popular tourist site has opened its doors for the season

Sparks fly as SUV speeds down wrong side of Highway 1 trying to flee RCMP

Captured on video, the vehicle headed westbound against oncoming traffic before crashing

Bobrovsky perfect as Blue Jackets blank Canucks 5-0

Vancouver shut out for 10th time this season

Sock Hop aims to send dancers back to another time

Writers’ Festival fundraiser in Salmon Arm springs into step for another year

Fundraising campaign launched for man caught in SilverStar avalanche

In only two days, the GoFundMe surpassed its $15,000 goal

Terror at sea: Helicopter rescues frightened cruise passengers in Norway

The Viking Sky cruise ship was carrying 1,300 passengers and crew when it experienced engine trouble

DOJ: Trump campaign did not co-ordinate with Russia in 2016

Attorney General William Barr said special counsel “does not exonerate” Trump of obstructing justice

Trudeau in Vancouver to support Tamara Taggart at Liberal nomination event

The former broadcaster is seeking the nomination for the Vancouver Kingsway riding

Penticton SAR team helicopters injured climber to safety

A 30-year-old woman suffered a suspected lower-limb fracture in Skaha Bluffs Provincial Park

Kootnekoff: R v. Sidhu, was he asleep?

Driver in Humboldt crash wasn’t distracted at time of collision with bus,… Continue reading

Most Read