March 05, 2014 - 8:54 AM
KAMLOOPS - A preschooler has been awarded $560,000 by a B.C. Supreme Court judge for the loss of her father in a motor-vehicle accident.
The lawsuit against DCT Chambers Trucking Ltd. of Vernon and driver Terrance Edward Brown was brought on behalf of Kayleigh Duncan, who was born in 2010.
Kayleigh's father, Randy Duncan, was killed in an April 28, 2011, collision involving a semi-trailer owned by DCT Chambers. He was travelling on Highway 6 between Nakusp and Vernon.
The lawsuit claimed that the losses include love, guidance, future financial support, household services and child care.
The girl and her mother, Meagan Shaw, were also in the car. Shaw was injured and has filed a separate lawsuit.
The mother and daughter have since moved to Alberta.
Duncan worked as a heavy-equipment operator in the mining industry and moved to Kamloops for work so he could be closer to his family, rather than travelling to a mine in the Northwest Territories.
"I conclude that Mr. Duncan was devoted to his family and, in particular, Kayleigh, and wished to spend as much time with her as she could," Justice Hope Hyslop ruled.
Lawyers acting for the trucking company, which admitted liability in the accident, argued the award to Kayleigh should be reduced because Shaw is now living common-law with another man. The couple has another child together.
Kayleigh's lawyer argued for $775,000 while the company's lawyers said the award should be about $200,000.
An economist prepared a report as part of the lawsuit, estimating items including future income and value of household services.
Duncan "pitched in and did household chores, described as '110 per cent,' which includes dishes, vacuuming and laundry," Hyslop wrote.
The loss of her father's love, care and guidance was estimated at $35,000, while loss of his household services and child care was set at $124,000. The largest component was loss of financial support, pegged at $260,000.
The award is invested and disbursed through the Public Guardian and Trustee of B.C.
News from © The Canadian Press, 2014