August 06, 2014 - 5:40 PM
KAMLOOPS – A Kamloops woman was awarded over $366,000 in Kamloops Supreme Court after a truck pulling a U-Haul struck the side of a car on a busy highway.
The woman was driving 90 km/hr on the highway approaching Peterson Creek bridge when the truck pulling the U-Haul hit the left side of the woman’s car. The trailer’s right tires jumped about a foot in the air before bouncing back and colliding with the car a second time.
While the woman couldn’t recount what happened to her body, she recalls her arms were rigidly holding the steering wheel as she controlled the vehicle with her two-year-old son in the back seat.
The woman suffered from fibromyalgia before the accident and through doctor’s evidence in court, it was determined the accident worsened her condition. She now suffers from post-traumatic stress disorder.
One witness who recalled the accident said she dialled 9-1-1 before the vehicles collided a second time because she worried about the results of the accident.
Supreme Court Justice Dev Dley, in his reasons for judgment, took several factors into account when determining the award. The assessment of damages included loss of lifestyle, emotional suffering, income loss including future earnings, rehabilitation, occupational therapy, exercise, homemaking assistance, child care, medication and other special damages.
In sum the woman was awarded $366,809.64 along with interest on past income loss and expenses.
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News from © InfoTel News Ltd, 2014